Terms of Trade

1. About These Terms

These Terms of Trade apply to all electrical services provided by Howitt Powered (ABN 99 383 833 134), trading as an electrical contractor in New South Wales (NSW Licence #400390C). By engaging our services, requesting a quote, or allowing us to commence work, you agree to be bound by these terms and conditions in their entirety.

Our services are provided in accordance with Australian Standards, NSW electrical safety regulations, and industry best practices. We are fully licensed and insured to carry out electrical work in New South Wales.

Important: These terms supersede any previous agreements, verbal understandings, or representations. No variations to these terms are valid unless agreed to in writing and signed by an authorised representative of Howitt Powered.

2. Service Provision

We provide electrical services including but not limited to:

Residential Services

• General electrical repairs and installations
• Safety switch and smoke alarm installation
• Lighting design and installation
• Switchboard upgrades and rewiring

Commercial Services

• Commercial electrical maintenance
• Emergency electrical repairs
• Compliance testing and tagging
• LED lighting upgrades

Service Area: We primarily service the Northern Beaches area of Sydney, NSW. Additional travel charges may apply for work outside our standard service area.

3. Quotes and Pricing

Quote Validity

• Written quotes are valid for 30 days from issue date unless otherwise specified
• The person accepting a quote, requesting work, or approving a variation warrants that they are the property owner or are otherwise authorised to bind the property owner, occupier, or relevant customer entity
• Quotes are estimates based on information provided and visual site inspection (where conducted) and may be subject to variation
• Unless expressly stated otherwise, quoted pricing is an estimate only. Any fixed-price quote applies only to the specific scope, assumptions, and inclusions stated in the quote
• Material price fluctuations, supplier changes, or market conditions may affect final pricing
• Hidden or unforeseen work discovered on site will be quoted separately
• Acceptance of any quote constitutes agreement to these Terms of Trade

Pricing Structure

• Standard rates apply 7 days a week, 6:00 AM - 10:00 PM
• After-hours and emergency rates apply outside standard hours
• Public holiday rates may apply
• Travel time and costs included where applicable

4. Payment Terms

Payment Conditions

• Payment is due immediately upon completion of work unless otherwise agreed in writing
• For projects over $2,000, a 50% deposit is required before commencement
• Progress payments are required for projects exceeding 5 working days
• Approved commercial accounts: Payment terms strictly 14 days from invoice date
• No work will commence until payment terms are agreed and deposits (if applicable) are received

Payment Methods

• Electronic funds transfer (preferred) or cash
• Credit card payments accepted (2% surcharge may apply)

Late Payment

• Reasonable interest and recovery costs may apply to accounts overdue by more than 30 days
• Collection costs and reasonable legal fees may be charged to accounts that remain overdue beyond 60 days
• Goods and materials remain the property of Howitt Powered until full payment is received
• Risk in goods and materials passes to the customer upon delivery to site, installation, or collection, even if ownership has not yet passed

Payment Difficulties: If you're experiencing payment difficulties, please contact us immediately to discuss payment arrangements. Early communication helps us work together to find a solution.

5. Variations and Additional Work

Any variations to the original scope of work must be:

• Authorised in writing by the customer before commencement
• Quoted separately with additional costs clearly outlined and accepted
• Paid for according to our standard payment terms
• Subject to these Terms of Trade regardless of the value

Safety-Critical Work: Work discovered during electrical installations that poses immediate safety risks (such as non-compliant wiring, asbestos, or dangerous electrical conditions) must be rectified immediately to comply with electrical safety regulations. Such work will be performed and charged as emergency work at applicable rates, regardless of original quote. Customer safety and legal compliance take precedence over cost considerations.

Customer-Supplied Materials

• No warranty is provided on customer-supplied materials or products
• Customer bears full responsibility for compatibility and compliance
• Additional labour charges apply if customer materials cause delays or complications
• Faulty customer materials will be charged at full diagnostic and replacement rates

6. Site Access and Scheduling

Customer Responsibilities

• Provide safe, unobstructed, and reasonable access to all work areas
• Ensure work areas are completely clear of personal belongings, furniture, and obstacles before our arrival
• Notify us in writing of any hazardous materials, asbestos, lead paint, or dangerous conditions on site
• Provide adequate, safe parking facilities at no cost
• Ensure a responsible adult (18+) is present where reasonably required
• Secure all pets during work periods
• Provide safe access to electrical supply and meter box
• Notify us of any changes to site conditions between quote and work commencement

Site Safety: If site conditions are deemed unsafe by our technician, work will be suspended immediately. Additional charges will apply for return visits and any time spent on unsafe sites. Customer bears full responsibility for ensuring safe working conditions.

Planned Outages and Testing: Electrical work may require temporary isolation of circuits, shutdown of power, testing, resets, or interruption to connected equipment and services. Where reasonably practicable, we will advise in advance, but customer is responsible for protecting sensitive equipment, alarms, refrigeration, computers, data, and other systems that may be affected.

Scheduling

• Appointments are scheduled during business hours (6:00 AM - 10:00 PM, 7 days a week) unless otherwise arranged at premium rates
• Minimum 24 hours notice required for appointment changes or cancellations
• Cancellation fees equivalent to minimum call-out charge apply for cancellations with less than 24 hours notice
• If customer is not present or site access is unavailable at the scheduled appointment time, we may charge a reasonable attendance fee including call-out, travel, labour time lost, hired equipment, and any non-recoverable material or subcontractor costs incurred
• Weather conditions, safety concerns, or site access issues may affect scheduled work - rescheduling fees may apply
• Multiple rescheduling by customer may result in requirement for full payment before future bookings

7. Warranties and Guarantees

Workmanship Warranty

• We provide a 5-year warranty on electrical workmanship from date of completion
• Warranty covers defects in installation and workmanship only
• Warranty DOES NOT cover: normal wear and tear, damage caused by misuse, modifications by others, environmental damage, vermin damage, or events outside our reasonable control
• Warranty may be voided if work is modified, tampered with, or additional work performed by others without our written consent
• Warranty may be suspended if account payment is overdue by more than 30 days (warranty resumes upon payment)
• Customer-supplied materials are not covered under our workmanship warranty

Product Warranties

• Manufacturer warranties apply to all electrical products and materials supplied by us
• We will assist with warranty claims on products we supply during business hours
• Customer-supplied materials carry NO warranty from Howitt Powered
• Warranty claims must be made within manufacturer's specified timeframes

Warranty Claims Process

• All warranty claims must be submitted in writing with original invoice number and photos where applicable
• We reserve the right to inspect claimed defects before authorising remedial work
• Except in a genuine emergency, customer must give us a reasonable opportunity to inspect and rectify any alleged defect before engaging another contractor
• Valid warranty work will be performed during standard business hours at no charge
• If claimed defects are found to be excluded from warranty, full charges apply for inspection and any work performed
• Warranty claims must be made within 30 days of defect discovery

8. Safety and Compliance

Electrical Safety

• All work complies with Australian Standards (AS/NZS 3000)
• Electrical safety certificates provided where required
• Work is inspected and tested before completion
• Safety switches and smoke alarms installed to current standards

Workplace Health and Safety

• We maintain comprehensive public liability insurance
• Work is conducted in accordance with WHS regulations
• Personal protective equipment is used at all times
• Sites are left clean and safe upon completion

9. Australian Consumer Law Rights

These Terms of Trade operate alongside your rights under Australian Consumer Law, which cannot be excluded:

Your Consumer Guarantees

• Services must be provided with due care and skill
• Services must be fit for purpose and of acceptable quality
• Materials supplied must be of acceptable quality and fit for purpose
• Services must be completed within a reasonable time
• You have the right to a remedy if we fail to meet these guarantees

Major and Minor Failures

• Major failure: You can choose to cancel the service and obtain a refund, or keep the service and seek compensation for the drop in value
• Minor failure: We must fix the problem for free or compensate you if we cannot fix it within a reasonable time

Important: Nothing in these Terms of Trade excludes, restricts, or modifies your rights under Australian Consumer Law. If there is any inconsistency, Australian Consumer Law prevails.

10. Liability and Insurance

Public Liability Insurance

• We maintain $10 million public liability insurance coverage
• Workers compensation insurance covers all technicians

Limitation of Liability

• To the maximum extent permitted by law, our total liability for any claim arising out of or in connection with our services is limited to the lesser of: (a) the value of the work performed, or (b) $50,000
• To the maximum extent permitted by law, we are not liable for consequential, indirect, special, exemplary, or punitive loss or damage
• To the maximum extent permitted by law, we are not liable for loss of profits, loss of revenue, business interruption, loss of data, loss of opportunity, or other purely economic loss
• We are not responsible for delay, non-performance, or additional costs caused by force majeure events, including natural disasters, government restrictions, supply chain disruption, power network outages, labour shortages, or pandemics
• Customer must notify us in writing of any claim within a reasonable time after becoming aware of the issue and, where practicable, within 30 days of discovery
• To the maximum extent permitted by law, and subject to any rights that cannot be excluded, all claims must be made within 12 months of completion of the relevant work
• We are not liable for loss, damage, delay, or additional cost caused by pre-existing faults, latent defects, defective customer-supplied materials, or work previously performed by others that was not reasonably apparent at the time of quote or attendance

Customer Indemnity

• Defective or unsuitable customer-supplied materials or equipment
• Failure to disclose hazardous, unsafe, or unusual site conditions
• Inaccurate, incomplete, or misleading information, instructions, or approvals provided by the customer
• Work performed, modified, or interfered with by others on electrical systems we have worked on
• Customer's failure to maintain electrical systems after completion in accordance with our advice, manufacturer requirements, or applicable standards
• Customer's breach of these Terms of Trade, negligence, or unlawful act or omission

Important: Our liability is subject to and limited by these terms, except to the extent liability cannot be excluded or limited under Australian Consumer Law or any other applicable law.

11. Dispute Resolution

In the event of a dispute, we encourage the following process:

1. Contact us directly to discuss the issue and seek resolution
2. If unresolved, we may agree to independent mediation
3. NSW Fair Trading may assist with building disputes
4. Legal action should be a last resort for all parties

We are committed to fair and reasonable resolution of any issues that may arise.

12. Cancellation and Termination

Customer Cancellation Rights

• Minimum 24 hours written notice required for appointment cancellations
• Cancellation fees equal to full minimum call-out charge apply for less than 24 hours notice
• Materials ordered specifically for customer projects are non-refundable once ordered
• Work in progress will be charged on a time and materials basis to point of cancellation
• No refunds for completed work that meets quoted specifications
• Deposits may be applied against materials ordered, labour reserved, administrative costs, and other reasonable costs already incurred. Any remaining balance will be dealt with subject to Australian Consumer Law

Our Right to Suspend Work

We may suspend work immediately until the issue is resolved if:

• Payment terms are not met or any invoice becomes overdue
• Site conditions are unsafe or materially different from those disclosed
• Required approvals, access, instructions, or selections are not provided
• Customer-supplied materials are unavailable, unsuitable, defective, or non-compliant
• We identify latent defects, safety issues, or compliance issues requiring further assessment or variation
• Delays are caused by customer instructions, lack of access, unavailable third parties, missing selections, or other matters outside our reasonable control

If work is delayed, rescheduled, or prolonged due to customer action, inaction, site conditions, or matters outside our reasonable control, we may charge for standby time, return visits, storage, remobilisation, price increases, and other reasonable costs incurred.

Our Right to Terminate

We reserve the right to terminate work immediately and without notice if:

• Payment terms are not met or account becomes overdue
• Site access becomes unsafe, unreasonable, or restricted
• Customer or their representatives engage in abusive, threatening, or inappropriate behaviour
• Work scope changes significantly from original quote without written agreement
• Customer breaches any provision of these Terms of Trade
• Site conditions differ materially from those at time of quote
• Customer fails to provide required site access or preparation

Termination Consequences: Upon termination for customer default, all amounts become immediately due and payable. Customer remains liable for all work performed, materials supplied, and any costs incurred including demobilisation costs.

13. Additional Business Protections

Intellectual Property

• All electrical designs, drawings, and documentation remain the intellectual property of Howitt Powered
• Customer may not reproduce or distribute our designs without written consent
• Use of our designs by other contractors may void warranties and could result in legal action for copyright infringement

Confidentiality and Privacy

• We may photograph work, site conditions, and completed installations for documentation, compliance, warranty, and record-keeping purposes
• Unless customer opts out in writing before or within a reasonable time after completion, we may use project photographs for marketing, website, and social media purposes, provided we do not disclose sensitive personal information
• We maintain confidentiality of customer information in accordance with our Privacy Policy

Compliance and Standards

• Customer acknowledges that compliance with electrical standards may require work beyond original scope
• Non-compliant existing installations must be brought to standard at customer's expense
• We are obligated to report serious electrical safety violations to appropriate authorities
• Customer is responsible for obtaining owner, strata, landlord, neighbour, or other site access and property approvals unless we expressly agree otherwise. We remain responsible for electrical compliance documentation and certifications we are legally required to provide for our work

Entire Agreement

• These Terms of Trade constitute the entire agreement between parties
• No verbal representations or promises outside these terms are binding
• Any modifications must be agreed to in writing and signed by authorised representatives
• If any provision is deemed unenforceable, remaining provisions continue in full force

Governing Law: These Terms of Trade are governed by NSW law. Any disputes are subject to the exclusive jurisdiction of NSW courts. Customer agrees to submit to jurisdiction of NSW courts for all matters relating to these terms.

14. Contact Information

For questions about these Terms of Trade, service bookings, or any other enquiries, please contact us:

15. Changes to These Terms

We may update these Terms of Trade from time to time by publishing an updated version on our website with a revised "last updated" date. Any updated terms apply prospectively to new quotes, bookings, or work accepted after the updated date, unless the parties otherwise agree in writing.

Customer Acknowledgment: By engaging our services, customer acknowledges they have read, understood, and agreed to be bound by these Terms of Trade in their entirety. These terms represent the complete agreement and supersede all previous understandings or agreements.