Terms and Conditions

1. Definitions

In these Terms:

• “NEAT Installs”, “we”, “us” or “our” means Newcastle Electronics And Technology Installs, ABN 81 687 651 725, ACN 687 651 725, holder of Security Master Licence 000110347.
• “Client”, “you” or “your” means the person or entity that requests, accepts or receives a quotation, goods or services from us.
• “Goods” means any equipment, hardware, components or materials we supply.
• “Services” means any design, supply, installation, configuration, maintenance, repair or related work we perform.
• “Site” means the premises or location at which the Services are performed.
• “Quotation” means a written quotation or estimate issued by us.

2. Application of These Terms

These Terms apply to every quotation, contract, supply of Goods and Services, and invoice issued by us, and form the entire agreement between you and us. They prevail over any terms or conditions you put forward, unless we agree otherwise in writing. No employee or representative has authority to vary these Terms except in writing signed by us.

3. Services

We design and install data cabling, security, CCTV, audio visual and smart-home systems for residential and commercial properties across Newcastle, Lake Macquarie and surrounding areas. We perform work within the scope of our Security Master Licence (000110347) and our expertise. Any work outside that scope is not included unless expressly agreed in writing.

Where any part of the works requires a separately licensed trade, that work is carried out by appropriately licensed and insured third parties. Such work is warranted by, and remains the responsibility of, that third party in accordance with their licence and applicable law, and our liability for it is limited to the extent permitted by law.

4. Quotations and Estimates

Quotations are issued in writing, are itemised, and are valid for 30 days from the date of issue unless stated otherwise. A quotation is based on the information made available to us and on the conditions observed at the time of inspection (where an inspection has occurred). Anything not expressly described in the quotation is excluded.

Where no inspection has occurred, figures provided are estimates only and may be revised once site conditions are known. We may revise a quotation where site conditions differ materially from those assumed, including concealed cabling or services, asbestos or other hazardous materials, structural conditions, or access limitations.

5. Acceptance and Formation of Contract

A binding contract is formed when you accept a quotation in writing (email is sufficient) and we confirm acceptance and availability, or when we commence work at your request, whichever occurs first. We may require a deposit before ordering Goods or commencing work, as set out in the quotation. We are not obliged to commence work until any required deposit is received.

6. Prices

All prices are in Australian dollars. Prices are based on costs current at the date of quotation and may be adjusted to reflect changes in supplier pricing, currency movements or statutory charges arising before completion, where reasonable and notified to you.

7. Variations and Additional Work

Any variation to the agreed scope must be agreed in writing before the additional work is carried out and may affect the price and completion time. Where you request a variation verbally and direct us to proceed, you accept responsibility for the associated cost. Additional work necessitated by undisclosed or concealed site conditions will be treated as a variation.

8. Payment Terms

A deposit may be required on acceptance of a quotation, in particular for larger works or special-order Goods, with the balance payable on completion. The deposit amount, where applicable, is set out in the quotation. Payment is then due within 7 days of the invoice date unless otherwise agreed in writing. Time for payment is of the essence. Late payment may result in the suspension of further services and may incur additional charges. Any deposit paid is applied to the final invoice and is non-refundable to the extent of costs we have already incurred.

9. Late Payment, Interest and Recovery Costs

Overdue invoices may incur interest at 2% per month, calculated daily on the outstanding balance. You are responsible for all costs associated with recovering an overdue amount, including legal fees, mercantile and third-party collection expenses, and dishonour fees. We may withhold further work, support or warranty service while any amount remains overdue.

10. Ownership of Goods

All supplied Goods and materials remain our property until payment is received in full for all amounts owing to us. Risk in the Goods passes to you on delivery or installation, whichever is earlier, so you are responsible for insuring them from that time. Until title passes, you hold the Goods on our behalf, must keep them identifiable, and we may enter the Site to inspect or reclaim any unpaid Goods without prior notice.

11. Site Access and Client Obligations

You agree to:

• Provide safe, clear and timely access to the Site for the agreed period, including power, lighting and reasonable parking.
• Obtain and maintain all approvals, permissions, body-corporate or landlord consents, and easements required for the work.
• Disclose all known hazards and the location of concealed services, including electrical, gas, water, structural and asbestos-containing materials.
• Keep children, animals and other trades clear of the work area, and secure valuables.
• Ensure the information you provide to us is accurate and complete.

Where access is delayed or the Site is not ready, we may reschedule the work and charge reasonable costs for wasted time and call-out.

12. Site Conditions and Pre-existing Issues

We are not responsible for the condition of the Site or for pre-existing defects, including existing cabling, infrastructure, power supply, network equipment, building structure or finishes. If hazardous materials (such as asbestos) are encountered, we will stop work in the affected area and you are responsible for arranging and paying for appropriately licensed assessment or remediation before we resume. Minor making-good of fixing points is included; patching, painting and trade finishes are not, unless expressly quoted.

13. Timeframes and Delays

Any dates or timeframes we provide are estimates only and are not guaranteed. We are not liable for any delay or for any loss arising from a delay caused by matters outside our reasonable control, including supplier lead times, weather, access, undisclosed site conditions, or third-party works.

14. Third-Party Products, Software and Services

Some Goods rely on third-party software, applications, accounts, cloud platforms, internet connectivity, mobile networks or electrical supply that are not under our control. We are not responsible for the availability, performance, change, suspension or discontinuation of any third-party product or service, or for any subscription or licence fees charged by a third party. Where a system depends on internet or power, its remote features will not operate during an outage.

15. Workmanship Warranty

We warrant our installation workmanship for 12 months from the date of service. If, within that period, a defect arises that is due to our workmanship, we will rectify it at no charge. Warranty claims must be made in writing promptly after the defect is identified, and you must provide safe access to allow inspection and rectification. This warranty is in addition to, and does not limit, your rights under the Australian Consumer Law.

16. Product Warranties

Goods are covered by the manufacturer's warranty and are subject to the manufacturer's terms and conditions. The benefit of any manufacturer warranty is passed through to you. We do not manufacture the Goods and give no warranty in respect of them beyond the workmanship warranty above and your rights under the Australian Consumer Law.

17. Warranty Exclusions

To the extent permitted by law, our warranties do not cover:

• Misuse, neglect, alteration or unauthorised service or repair.
• Work, modification or relocation carried out by anyone other than us.
• Damage from power surges, lightning, water, fire, pests, vermin, accident, vandalism or other external events.
• Faults in pre-existing wiring, infrastructure, power, internet or equipment not supplied by us.
• Consumable items (including batteries), normal wear and tear, and fair degradation over time.
• Failure to maintain the system, install updates, or follow operating instructions.

18. Security and Surveillance Systems

Security, alarm, access-control and surveillance (CCTV) systems are a deterrent and an aid to security. They do not, and we do not represent that they will, prevent crime, loss, injury or damage, or detect or record every event. Their performance depends on factors outside our control, including power, internet and third-party services, environmental conditions, correct use, and ongoing maintenance. Unless we expressly agree in writing to provide a monitoring service, we do not monitor your system. We are not liable for any loss, damage or injury arising from a failure of a system to prevent, detect, record or report any event.

19. Client Use, Data and Recordings

You are solely responsible for operating any system lawfully, including compliance with privacy, surveillance and listening-device laws, the placement of cameras, the giving of any required notices or signage, and obtaining any required consents. You are responsible for the security of, and access to, your own footage, recordings, credentials and data. Unless expressly agreed, we do not store, monitor or access your footage or data. You indemnify us against any claim arising from your use or operation of a system.

20. Intellectual Property

All designs, drawings, specifications, configurations and documentation we produce remain our intellectual property. On full payment, you receive a non-exclusive licence to use them for the operation of the installed system. You must not copy, reproduce or provide them to a third party for the purpose of replicating the work without our written consent.

21. Limitation of Liability

To the maximum extent permitted by law, and subject to the Australian Consumer Law section below, our total liability arising out of or in connection with the Goods, the Services or these Terms is limited, at our option, to resupplying the Services or paying the cost of having them resupplied, or repairing or replacing the Goods or paying the cost of doing so. We are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, data, footage, business or opportunity. Our aggregate liability will not exceed the price paid for the Goods or Services giving rise to the claim.

22. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where we are liable for a failure to comply with a consumer guarantee that does not relate to goods or services of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to the remedies set out in the clause above, to the extent permitted by law.

23. Indemnity

You indemnify us against all loss, damage, liability, costs and expenses we suffer or incur arising from your breach of these Terms, your misuse or unlawful use of any system, an unsafe Site, the presence of undisclosed hazards, or inaccurate or incomplete information you provide, except to the extent caused by our negligence.

24. Confidentiality

Each party must keep confidential the other party's non-public information obtained in connection with the work, and use it only for the purpose of performing or receiving the Services, except where disclosure is required by law.

25. Force Majeure

We are not liable for any delay or failure to perform caused by an event beyond our reasonable control, including natural events, fire, flood, storm, pandemic, industrial action, supplier or transport failure, utility or network outage, or government action.

26. Cancellation and Refunds

If you cancel after a contract is formed but before completion, you are responsible for the cost of work performed, materials and Goods ordered or supplied (including any non-returnable or custom items), and any restocking or cancellation charges imposed by suppliers. Any deposit is applied against those amounts. Refunds are not provided for change of mind in respect of Goods or Services already supplied, except as required by the Australian Consumer Law.

27. Suspension and Termination

We may suspend or terminate the work, and recover payment for work performed and Goods supplied to that point, if you fail to pay any amount when due, breach these Terms, or if the Site is or becomes unsafe. Termination does not affect any rights or obligations accrued before termination.

28. Disputes

Any dispute relating to an invoice must be submitted to us in writing within 5 business days of the invoice date. A dispute does not suspend your obligation to pay any undisputed portion of the invoice. The parties will attempt to resolve any dispute by good faith negotiation before commencing proceedings, except where urgent or injunctive relief is required or where we seek to recover an overdue amount.

29. General

• If any provision of these Terms is unenforceable, it is severed and the remaining provisions continue in force.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign your rights under these Terms without our written consent. We may assign or transfer our rights and obligations under these Terms.
• Notices must be in writing and may be given by email to the contact details we hold for each party.
• These Terms record the entire agreement between the parties and may only be varied in writing.

30. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts and tribunals of New South Wales, including the NSW Civil and Administrative Tribunal (NCAT).

31. Acceptance of Terms

By accepting a quotation, instructing us to proceed, making payment, or accepting the Goods and/or Services provided, you acknowledge that you have read, understood and agree to these Terms in full.

32. Enquiries

Enquiries regarding these Terms should be directed to NEAT Installs by email at cade@neatinstalls.com or by telephone on 0422 342 028.