Terms and Conditions

1. Agreement and quotes

1.1 Application. These terms apply to all quotes, works and products supplied by LSB Solutions (ABN 91 639 986 137, Electrical Contractor Licence 87118). Your quote and these terms form the whole agreement. If they conflict, the quote applies. Your own terms do not apply unless we agree in writing.

1.2 Definitions. "We", "us" and "LSB Solutions" means LSB Solutions. "You" or "Customer" means the person or business that requests or accepts a quote. "Works" means the work described in the quote or, for jobs without a quote, the work described in clause 1.5. "Products" means materials, equipment and fittings we supply. "Variation" means any change to, or addition to, the Works. "In writing" includes email and SMS.

1.3 Quotes. Quotes are valid for 30 days from the date of issue. Quotes are based on the information you provide and the site conditions visible at the time of quoting. If material prices rise after the quote expires, we will tell you before passing on the increase.

1.4 Acceptance. You accept a quote by signing it, accepting it in writing or online, paying a deposit, or telling us to start work.

1.5 Jobs without a quote. Some jobs, such as call-outs and service work, are done without a written quote. Jobs expected to cost more than $5,000, or that need special order materials, are quoted in writing. For these jobs:

• you accept these terms when you make a booking, confirm it in writing, or let us start work

• the Works are the work you request at booking, plus any extra work you approve on site

• pricing is as advised at booking, which includes our standard service fee (currently $100 plus GST, $110 including GST), plus fixed prices from our price list or labour and materials at our standard rates

• we will tell you the price of any extra work before we start it

• payment is due on completion

• if we attend at the booked time and cannot get access, or no one is there, the service fee still applies

1.6 GST. Unless stated otherwise, our prices exclude GST, and GST is added at the current rate. For residential customers, quotes and advertised prices also show the total price including GST.

2. Scope, access and variations

2.1 Scope. We will carry out only the Works.

2.2 Exclusions. Unless the quote says otherwise, the price does not include:

• work outside normal hours (7:30am to 4:30pm, Monday to Friday) or on public holidays, which is charged at after-hours rates

• special access equipment, such as elevated work platforms or scaffolding

• patching, painting, plastering, carpet lifting or refitting, building works or decorating

• as-installed drawings

• network operator, metering or electricity retailer fees

• removal or cleaning of contaminated material on site

2.3 Making good. If we agree to do any excluded work at your request, we will take reasonable care. We do not guarantee a finish matching existing surfaces.

2.4 Access. You must give us safe, clear and continuous access to the site, the work areas, ceiling and wall spaces, and the people we need to deal with. Waiting time, or extra visits caused by lack of access, is charged at our standard rates.

2.5 Vehicles and work area. We take reasonable care to keep vehicles and site traffic away from materials and the work area. Where access is restricted, we are not responsible for damage outside the work area described in the quote, unless we caused it.

2.6 Variations. If the Works change or extra work is needed, we will tell you the price before we proceed, where practicable. You may approve a Variation in writing. Urgent work needed to make an installation safe may proceed straight away and is charged as a Variation.

3. Site conditions and safety

3.1 Existing installation. We are not responsible for defects or non-compliance in any existing electrical installation that is not part of the Works. If we find existing work that is unsafe, we will tell you. Where the law requires, we will disconnect or make it safe and notify the relevant authority. Making safe and any repairs are charged as a Variation.

3.2 Hidden conditions. The price assumes no concealed obstructions, such as hidden beams, concrete, inaccessible cavities or undocumented existing wiring. Extra work caused by hidden conditions is charged as a Variation.

3.3 Asbestos and hazardous materials. You must tell us about any known or suspected asbestos or hazardous materials before work starts. If we find, or suspect, asbestos, we will stop work in the affected area. Testing and removal by a licensed contractor is at your cost. Delays and extra time are charged as a Variation. You indemnify us for any liability arising from asbestos you knew about, or should reasonably have known about, and did not disclose.

3.4 Right to stop work. We may stop work if the site is unsafe, if you breach these terms, or if a payment is overdue. Reasonable costs caused by the stoppage are charged to you.

3.5 Delays. We are not liable for delays outside our reasonable control. These include weather, supply shortages, other trades, network operator or authority approvals, and delays caused by you. We will tell you about the delay and give you a revised timeframe.

4. Payment and cancellation

4.1 Deposits. Where the quote requires a deposit, it is payable on acceptance and before we order materials or start work.

4.2 Jobs under $5,000 and jobs without a quote. Payment is due on completion of the Works.

4.3 Jobs of $5,000 or more. We will invoice in stages, as set out in the quote, such as rough-in, fit-off and completion. Where materials make up most of the quote, we may invoice them on delivery. Each invoice is due within 7 days.

4.4 Card on file. We may ask you to provide a card and authorise us to charge it when you accept a quote or make a booking. If an invoice is not paid by its due date, we may charge that card for the invoice amount. We will notify you before charging it. Card payments may attract a surcharge of no more than our cost of accepting the card. Card details are held by our secure payment provider, not by us.

4.5 Late payment. If an invoice is overdue, we may charge:

• a one-off late payment administration fee of $130 per overdue invoice

• interest at 10% per year on the overdue amount, calculated daily from the due date until paid

• reasonable costs of recovering the debt, including collection agency and legal costs

4.6 Payment extensions. If you cannot pay on time, send us a written request at least 4 business days before the due date. An extension applies only if we agree in writing.

4.7 Disputed invoices. If you dispute part of an invoice, tell us in writing within 7 days of receiving it. You must still pay the undisputed amount by the due date.

4.8 Cancellation. You may cancel by giving us written notice. You must pay for:

• work completed up to the date of cancellation

• materials ordered or supplied that cannot be returned

• supplier restocking fees and other reasonable costs we have incurred

We will deduct these amounts from any deposit and refund the balance. Nothing in this clause limits any cooling-off or other right you have under the law.

5. Warranty and liability

5.1 Workmanship warranty. We warrant our workmanship against defects for 5 years from the date of completion. The warranty does not cover:

• misuse, accidental damage or neglect

• alterations or repairs by anyone other than us

• fair wear and tear

• power surges, lightning, network faults, water, pest or storm damage

• products supplied by you

5.2 Making a warranty claim. Contact us at LSB Solutions, PO Box 281, Helensvale QLD 4212, on 1800 849 839, or at admin@lsbsolutions.com.au. Quote your invoice number and describe the defect. We will arrange an inspection. If the defect is covered, we will fix it at our cost. This warranty is in addition to your rights under the Australian Consumer Law.

5.3 Product warranties. Products we supply carry the manufacturer's warranty. We will help you make any manufacturer warranty claim.

5.4 Customer-supplied products. We give no warranty on products you supply. Labour to remove or replace a faulty customer-supplied product is charged at our standard rates. We may refuse to install a product that does not comply with Australian standards or electrical safety laws.

5.5 Australian Consumer Law. 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 to cancel your service contract with us, and to a refund for the unused portion or to compensation for its reduced value. You are also entitled to choose a replacement or refund for major failures with goods. 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 compensation for any other reasonably foreseeable loss or damage from a failure in the goods or service.

5.6 Limitation of liability. Nothing in these terms excludes, restricts or modifies any right you have under the Australian Consumer Law that cannot be excluded. To the extent the law allows:

• where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a breach of a consumer guarantee is limited to supplying the goods or services again, or paying the cost of having them supplied again

• we are not liable for indirect or consequential loss, including loss of profit, revenue or business interruption

• our total liability under this agreement is limited to the price paid or payable for the Works, except for death, personal injury, or loss caused by our negligence or wilful misconduct

5.7 Indemnity. You indemnify us against loss, claims and costs to the extent they are caused by your breach of these terms, or by the negligence or misconduct of you, your employees or your agents.

6. Ownership, contractors and privacy

6.1 Ownership of products. Products remain our property until you pay for them in full. Risk of loss or damage passes to you on delivery to site. If products not yet installed are unpaid, you allow us, on reasonable notice, to access the site to recover them.

6.2 Security interest. For commercial customers, these terms create a security interest in the Products under the Personal Property Securities Act 2009 (Cth). We may register it on the Personal Property Securities Register. You agree to sign any document we reasonably need to do this. You waive your right to receive a verification statement, to the extent the Act allows.

6.3 Subcontractors. We may use licensed subcontractors. We remain responsible for their work under this agreement.

6.4 Partner contractors. Where we refer you to a partner contractor, for example for solar or air conditioning, and you contract with them directly, that contractor is responsible for their work and their own terms apply.

6.5 Privacy. We collect your personal information to quote, carry out the Works, invoice, and meet legal obligations such as electrical safety certificates and network notifications. We do not sell your information. You may ask to access or correct it by contacting us.

6.6 Photos. We may photograph the Works for our records and compliance. We may also use photos of completed work in our marketing. We will not show your name or address. Tell us in writing if you do not want your photos used.

7. Disputes and general

7.1 Disputes. If a dispute arises, either party must give the other written notice describing it. Both parties will try in good faith to resolve it within 14 days. If it is not resolved, either party may refer it to mediation, the Queensland Civil and Administrative Tribunal or the NSW Civil and Administrative Tribunal, or the courts. This clause does not stop either party from seeking urgent relief, or stop us from recovering unpaid amounts.

7.2 Governing law. These terms are governed by the laws of the state where the Works are carried out, either Queensland or New South Wales. Both parties submit to the courts and tribunals of that state.

7.3 Severability. If any part of these terms is invalid or unenforceable, that part is removed and the rest continues to apply.

7.4 Changes to these terms. We may update these terms from time to time. The version in force on the date of your quote or booking applies to your job.

7.5 Waiver. If we do not enforce a right straight away, we have not given up that right.

Contact:

If you have any questions regarding this Policy or your dealings with our website, please contact us.

LSB Solutions

PO Box 281

Helensvale

Qld 4212

Or call or email our office:

Telephone: 1800 849 839

Email: admin@LSBsolutions.com.au