1.1Spark Innovation Pty Ltd reserves all rights of the contract and reserves the right to modify these Terms and Conditions at any time without notice.
1.2No amendment of these Terms and Conditions shall be of any force or effect unless in writing and signed by the Company Director.
1.3These terms and conditions shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Supplier.
1.4Terms and Conditions of the Customer that are additional to these Terms and Conditions are not legally binding, unless specifically accepted by the Supplier.
1.5By using Spark Innovation services, the Customer acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.
1.6In the event of a person signing as a Customer on behalf of another person, company or firm of any kind, then the person signing is legally bound as a party to this contract and is required to pay for the services provided by the Supplier.
2.1Customer means the individual or company or person signing on behalf of an individual or company who has requested the services from the Supplier in accordance with any proposal, quotation, order, invoice, or any other document acknowledged by the Supplier. If there is more than one Customer, they act jointly and only one Customers authority/signature is required.
2.2Defective work means product or instillation that shows no sign of malicious damage and is genuinely not fit for purpose.
2.3Goods means any material or parts owned by the Supplier until the Customer has paid for them. Goods may also be referred to more specifically in the quote or invoice or any other document provided by the Supplier.
2.4Service means all the work performed by the Supplier to the Customer at the Customers request.
2.5Site means the Customers nominated address where the Service is to be provided.
2.6Supplier means Spark Innovation Pty Ltd (145 758 685) T/A Spark Innovation Group (Lic No. 229496C) and all its representatives, sub-Suppliers and employees.
3.1The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions, including the terms of any other document owned by the Supplier once the Customer engages the Supplier for any works.
4.1All services being provided shall be governed and construed in accordance with the Law of New South Wales and the Commonwealth of Australia.
5.1The Supplier provides quotes and invoices to the Customer detailing the type of Service and product the Customer has requested.
5.2Each quote/invoice carries an automated fee.
5.3The specifications and descriptions contained in the quote merely represent a general idea of the Service and the Supplier reserves the right to make any changes to these materials that do not affect the purpose of the product.
5.4Once the Customer agrees to take on the Services, they are bound by the price and payment terms of the quote/invoice.
5.5Any materials for the Service will not be ordered until either a part payment or deposit is made.
5.6Any Services performed after working hours requires a credit
card security deposit.
The Customer will not be charged until the job is completed, however if the Supplier has commenced their journey to the site and the Customer cancels the job, then their credit card will be charged the service/call-out fee.
5.7Subject to any further changes of the Service the Customer has requested, the initial quote/invoice price will change, making the initial quote/invoice invalid.
5.8Any changes the Customer requests to the work may carry a variation fee.
5.9Cancellation of orders for products made to the Customers specifications, or for non-stocklist items, will not be accepted once work has commenced or an order has been placed.
5.10The Supplier reserves the right to change the price to the quote or invoice.
5.11The Customer does not have the right to withhold any payment or set off against any invoice owed or claimed to be owned to the Customer by the Supplier.
6.1Unless otherwise agreed between the Customer and Supplier, a minimum of 10% deposit is required in order for the Supplier to order the material and confirm the installation. The deposit is non-refundable once the cooling off period has expired (if the cooling off period applies).
6.2In the event where the Customer does not pay, the Supplier reserves the right to retrieve all materials and products that have been used to carry out the work.
6.3In the event where the Customer does not comply with clause 6.1 and 6.2 the Supplier reserves the right to commence legal action.
6.4The Customer agrees to pay additional amount to the price, which is the goods and services tax (GST) as required by law.
6.5A deposit may be requested from the Customer at any time for any job.
6.6A deposit payment is required prior to work commencing.
6.7When a Customer requests the Service, the invoice is cash on delivery and the Customer is required to pay the Supplier prior to them leaving the site.
6.8Part payments are specified as per the quote.
6.9If the Customer owes the Supplier any money, the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to administration fees, bank fees, collection agency costs and legal costs).
6.10Without prejudice to any other remedies the Supplier may have,
if at any time the Customer is in breach of any obligation under these terms
and conditions the Supplier may suspend or terminate the supply of works to the
The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.
6.11Discount coupons may apply at the Suppliers discretion.
6.12A maximum of one discount per Customer per invoice is permitted.
7.Quality of work
7.1All work carried out by the Supplier will comply with the Building Code of Australia to the extent required.
7.2All work carried out by the Supplier will comply with all other relevant codes, standards and specifications of any relevant law to the extent required.
7.3All work carried out by the Supplier will comply with the conditions of any relevant development consent or development certificate to the extent required.
7.4It is the Customers duty to provide the Supplier with a copy of the conditions of any relevant development consent or development certificates before commencement of works.
7.5The Supplier will carry out the works as agreed upon between the Supplier and Customer.
7.6The Supplier ensures that all work carried out will be up to the standard as required by rules and regulations of the state of New South Wales.
7.7The Supplier ensures that the materials used are as provided by the manufacturer and carry a warranty. The duration of warranty depends on the material.
7.8The Supplier does not cover any damage or loss incurred as a result of a defective part.
7.9The Supplier and Customer must take all reasonable steps to minimise any delay of work.
8.Delivery of Goods
8.1Delivery of Goods is taken to occur at the time the Customer takes possession of the Goods at the site.
8.2The time given of the delivery of Goods is given by a third party and is an estimate only and the Supplier is not liable for any consequences as a result of the delay.
8.3The cost of delivery is an additional price and the Customer wears the cost unless otherwise agreed with the Customer and Supplier.
9.Location of Goods
9.1The customer will advise the Supplier where they would like the Goods to be located.
9.2If the location nominated by the customer is deemed unsuitable by the Supplier, the Supplier will endeavor to place the Goods in the most suitable place as requested by the customer and as applicable to any relevant legislation.
9.3The Customer will sign a document confirming they agree to the location of the Goods prior to instalment.
9.4If the Customer is not happy with the location of the Goods and requests for the Supplier to change the location, the Customer will incur additional costs.
10.1Where the Customer has supplied materials for the Supplier to
complete the work, the Customer acknowledges that they accept responsibility
for the suitability of purpose, quality and any fault inherent in the
The Supplier shall not be responsible for any defects in the works or any loss or damage to the materials whatsoever arising from the use of materials supplied by the Customer.
10.2Where a supplied part has been installed and is considered dead
or defective the Customer is to pay the invoice in full and the faulty part will be replaced as soon as reasonably possible in accordance with the warranty period.
11.1If the Supplier encounters additional work that is required, the Supplier will notify the Customer of the works with the additional price.
11.2The customer needs to confirm if they agree to the additional Service which may be suggested by the Supplier.
11.3The price that comes with the additional Service suggested will be provided either on the spot by the Supplier or in a quote or invoice within a reasonable amount of time.
11.4The Customer should notify the Supplier at the earliest convenience whether they want the additional work to go ahead.
11.5Should the Customer choose to go ahead with the Service, they accept the price quoted and are required to pay in accordance with the Payment Terms of the quote or as directed by the Supplier.
11.6If the Supplier is unable to attend the site on the scheduled day, the Supplier will with best endeavors attempt to reschedule the appointment for the next available date.
12.1The Customer must provide access to the site in order for the Supplier to carry out the work.
12.2If the Supplier arrives at the site and access is unavailable, additional charges may apply.
12.3If it is likely to impede on the work to be undertaken or as requested by the Supplier, the Customer must remove any unfixed property from the vicinity of where the work is to be undertaken.
13.1Once work has been finalised, the Supplier will remove all rubbish and material relating to the work.
13.2Any parts supplied by the Customer; the associated rubbish will not be removed by the Supplier. This is to be removed by the Customer.
13.3Any leftover material is the property of the Supplier.
14.Damage to Property
14.1In any case where the Customers property is damaged by the Supplier, as a result of negligence by the Supplier, due to the work being undertaken according to the specifics outlined in the quote or invoice, the Supplier must make good of the loss or damage.
14.2The Supplier is not required to make good of any loss or damage where the loss or damage is caused by the Customers negligence, where partial damage already exists and the site is further damaged due to the Supplier working or where the Customer has failed to take reasonable steps to minimise the risk or damage.
15.Ownership of Property
15.1Ownership of all materials and products will not pass onto the Customer until the Supplier has received payment in full together with any other charges or additional work charges the Customer is required to pay.
15.2Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognised.
15.3In a situation where work has commenced by the Supplier and the contract has been terminated, the material and products used thus far shall remain the property of the Supplier.
15.4It is the Customers responsibility to take reasonable care of the products and materials until the Supplier has retrieved the products and materials from the site.
15.5The Supplier reserves the ownership of all its physical and intellectual property.
16.1The Supplier provides one-year labour warranty in relation to any defective work that has been carried out and invoiced.
16.2Warranty applies only once the invoice is paid.
16.3A warranty period is valid from the written date of the initial
invoice in relation to the particulars outlined in that invoice.
If the Customer delays the payment of that invoice, the duration of the delay is subtracted from the total warranty period.
16.4If a Customer has supplied the product the Supplier maintains no legal liability and the responsibility will remain with the Customer and the manufacturer and its associated warranty.
16.5Any request by the Customer for rectification of materials supplied by the Customer will incur charges for labour and associated costs.
16.6In accordance with the Australian Consumer Law, in the event of major failures with the service, the Customer is entitled to cancel the contract and to be refunded for the unused portion or to compensation for its reduced value.
16.7If the failure does not amount to a major failure, the Customer is entitled to have the Service rectified in a reasonable time or to cancel the contact and obtain a refund for the unused portion of the contract.
16.8Warranty will not apply if the defect or damage is caused by the Customer, if the product is used in a different way than intended or as instructed by the Supplier, if the Customer allows someone other than a licensed professional to deal with the product or the Customer themselves and if the product fails due to fair wear and tear or an accident or act of God.
17.1Where required, the Supplier will issue a compliance certificate to the Customer, only once full payment of the work has been received.
17.2The Supplier will not issue compliance certificates for Services not performed by the Supplier.
18.1In a case where the Supplier and a Customer consider that a dispute has arisen in relation to the contract, both parties agree to negotiate in good faith in an effort to resolve the issue before any complaints are made to the Department of Fair Trading or any legal action is taken.
19.Termination of Contract
19.1In the event where a Customer decides to terminate the contract, the Customer is required to pay for all Services the Supplier has provided thus far.
19.2The Customer is required to give notice to the Supplier as early as possible of the termination of contract in writing.
19.3In the event where the Supplier fails to complete work within a reasonable time for an unacceptable reason or fails to remedy any defective work, the Customer may issue a notice to the Supplier to respond within 10 days.
19.4The Supplier may terminate the contract at any given time if the Customer has not complied with these Terms and Conditions, including the Payment Terms or if they have not acted fairly or reasonably.
20.1The Supplier must have insurance cover for public liability to
cover for third parties
deaths or personal injuries or damage to property not less than $2,000,000.00
20.2The Supplier must have insurance cover for workers compensation insurance in accordance with Australian laws.
21.1The Supplier must carry a valid electrical license, unless the Suppliers employees are an apprentice, trades assistant or work experience students.
21.2The Customer can request to view the Suppliers license at any time.
22.1When a Customer enters a contract with the Supplier, the Supplier collects the personal information in order to carry out the work requested and collect payment.
22.2The Supplier may share the personal information to its employees and/or sub-Suppliers that assist in the work being carried out.
22.3The Supplier ensures it acts accordingly to the Privacy Act 1988 (Cth).
22.4The Customer undertakes the duty not to disclose personal, confidential and sensitive information of the Supplier to any person without the written consent of the Supplier.
22.5The Customer agrees for the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Supplier.
22.6The Customer agrees that the Supplier may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
22.6.1to assess an application by the Customer; and/or
22.6.2to notify other credit providers of a default by the Customer; and/or
22.6.3to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
22.6.4to assess the creditworthiness of the Customer.
The Customer understands that the information exchanged can include anything about the Customers creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
22.7The information given to the credit reporting agency may include:
22.7.1personal particulars (the Customers name, sex, address, previous addresses, date of birth, name of employer and drivers license number);
22.7.2details concerning the Customers application for credit or commercial credit and the amount requested;
22.7.3advice that the Supplier is a current credit provider to the Customer;
22.7.4advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
22.7.5that the Customers overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
22.7.6information that, in the opinion of the Supplier, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customers credit obligations);
22.7.7advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once;
23.1The Customer indemnifies the Supplier against any third-party
claim for indirect or consequential loss or damage, however caused, including
through a negligent act or omission of the Supplier.
This can include loss of data, loss of revenue, loss of profit or any other indirect costs.
23.2The Customer indemnifies the Supplier against any liability to any person for loss or damage whether direct or indirect, caused or contributed to by the Customer.
24.Limitations of Liability
24.1The Suppliers total liability is limited under this contract for breach of conditions or warranties, to resupply of the work or paying for its resupply.
24.2The Suppliers liability is limited under this contract, in tort and including negligence, for breach of statutory duty or on any other basis not covered in clause 24.1.
24.3The contract may limit the liability of the Supplier for failure to comply with clause 7.1, 7.2 and 7.3 if the failure relates to a design or specification prepared by the Customer, or a design or specification required by the Customer if the Supplier has advised the Customer that the design or specification contravenes clause 7.1, 7.2 and 7.3.
24.4In the case where clause 24.3 applies, the Suppliers liability is limited to $1.00.
24.5The Supplier is not liable for any delay of works commencing.
25.1Spark Innovation will not be liable for failure to perform if
events beyond the control of the Supplier arise.
These events include, but are not limited not, acts of God, Government action, war, fire, flood, epidemics, crime, terrorism, or other event beyond reasonable control of the Supplier.