Terms and Conditions of Trade
1. Definitions
1.1 KeenSpark means KeenSpark Electrical, ABN 87 561 138 230, its successors and assigns, or any person acting on behalf of and with the authority of KeenSpark Electrical.
1.2 Client means the person(s), company, or entity requesting the Works. If more than one Client, each Client is jointly and severally liable.
1.3 Works means all electrical works, services, inspections, supply of materials, installations, or related services provided by KeenSpark at the Client’s request.
1.4 Price means the price payable for the Works as agreed between KeenSpark and the Client.
1.5 Site means the address where the Works are to be carried out.
2. Acceptance
2.1 The Client is deemed to have accepted and be immediately bound by these Terms and Conditions when the Client places an order, accepts a quote including electronic acceptance, authorises commencement of Works, or pays an invoice.
2.2 These Terms and Conditions prevail over any other document, representation, or communication unless expressly agreed in writing by KeenSpark.
2.3 Any timeframes provided are estimates only. KeenSpark is not liable for delays caused by events outside its reasonable control.
3. Quotes, Pricing and Variations
3.1 Quotes are valid for 30 days unless otherwise stated.
3.2 KeenSpark operates on an upfront pricing model. The quoted Price is based on the scope of Works reasonably identifiable at the time of inspection or quotation.
3.3 Variations may arise due to, but are not limited to:
Unforeseen conditions including hidden wiring faults, non-compliant existing installations, asbestos, underground obstructions, or structural limitations
Additional works required to complete the Works safely or in accordance with applicable standards
Changes requested by the Client
3.4 Variations will incur additional charges and will be discussed with the Client prior to proceeding where reasonably practicable.
4. Payment Terms
4.1 Unless otherwise agreed in writing, payment is due:
On completion of the Works; or
At the end of each visit where Works cannot be completed in a single visit, with the balance payable upon final completion; or
Within 7 days of invoice issue
4.2 KeenSpark may require a deposit at its discretion.
4.3 Payment methods include cash or card. Card payments may incur a surcharge of up to 2 percent.
4.4 All Prices are exclusive of GST unless otherwise stated.
5. Risk, Safety and Existing Installations
5.1 KeenSpark maintains Public Liability and Workers’ Compensation insurance as required by law.
5.2 KeenSpark does not remove or handle asbestos. If asbestos or other hazardous materials are identified, Works will be suspended until the Client arranges removal at their cost.
5.3 KeenSpark is not responsible for defects, non-compliance, or failures in existing electrical installations that do not form part of the Works.
5.4 Where the Client supplies materials, KeenSpark is not responsible for defects, failures, or losses arising from those materials.
6. Client Responsibilities
6.1 The Client must provide safe, clear, and reasonable access to the Site.
6.2 The Client is responsible for identifying and marking all underground services and indemnifies KeenSpark against any loss or damage caused by unmarked or inaccurately identified services.
6.3 The Client must ensure pets, occupants, and belongings are secured and do not interfere with the Works.
7. Title of Goods
7.1 Ownership of all materials supplied by KeenSpark remains with KeenSpark until payment in full has been received.
7.2 Until ownership passes, KeenSpark may recover and remove supplied materials if payment is not made.
8. Solar and Battery Systems
8.1 Battery and solar systems may not provide backup power, grid islanding, or uninterruptible power supply functionality unless specifically designed and quoted to do so.
8.2 System designs are based on information available at the time of quoting and may change following a detailed site audit or network requirements.
8.3 Estimated system performance, savings, and payback periods are indicative only and are based on historical usage, typical climate data, and assumptions provided by the Client. Actual performance may vary.
8.4 Utility tariffs, fees, metering requirements, and network approvals are determined by third parties and are subject to change. KeenSpark is not responsible for these changes.
8.5 Solar and battery systems are designed to be permanently fixed to the property and are not portable. Relocation requires professional assessment and may incur additional costs.
8.6 System removal or disposal at end-of-life may incur additional costs.
9. Rebates, Incentives and STCs
9.1 Any government rebates, incentives, or Small-scale Technology Certificates (STCs) applied to the Works are subject to eligibility, approval, and compliance with governing bodies.
9.2 KeenSpark does not guarantee rebate or STC approval where eligibility criteria are not met or where documentation is rejected.
9.3 Rebate and STC values are based on information available at the time of quoting and may change prior to final approval.
10. Pre-Purchase Electrical Inspections
10.1 Inspections are visual, non-invasive, and do not include destructive testing.
10.2 Inspections are limited to areas that are safely and reasonably accessible at the time.
10.3 KeenSpark does not guarantee identification of all defects or predict future faults.
10.4 Inspection reports remain the property of KeenSpark until full payment is received and must not be shared with third parties without consent unless required by law.
11. Defects and Warranties
11.1 The Client must notify KeenSpark in writing of any defects within 10 business days of completion.
11.2 KeenSpark complies with the Australian Consumer Law.
11.3 Except as required under the ACL, no additional warranties are provided.
11.4 KeenSpark is not liable for defects caused by misuse, alterations by third parties, lack of maintenance, fair wear and tear, or events beyond its control.
11.5 Where applicable, KeenSpark provides a 7 year workmanship warranty unless stated otherwise in writing.
12. Cancellations
12.1 KeenSpark may cancel Works prior to commencement and refund any monies paid less costs incurred for materials or approvals.
12.2 Client cancellations within 24 hours of a scheduled appointment may incur a call-out fee.
12.3 If the Client cancels after materials have been ordered or Works have commenced, the Client is liable for all associated costs incurred.
13. Default and Debt Recovery
13.1 Overdue invoices may incur interest at 10 percent per annum, calculated daily.
13.2 The Client indemnifies KeenSpark for all reasonable costs incurred in recovering overdue amounts, including legal and collection costs.
13.3 KeenSpark may suspend or terminate Works where payment obligations are not met.
14. Privacy
14.1 KeenSpark collects and stores personal information necessary for providing services, billing, and warranty purposes in accordance with the Privacy Act 1988.
14.2 Information will not be disclosed to third parties except where required by law.
15. Limitation of Liability
15.1 To the extent permitted by law, KeenSpark is not liable for indirect or consequential loss including loss of profit.
15.2 KeenSpark’s liability is limited to the value of the Works performed or as required under the ACL.
16. Force Majeure
16.1 KeenSpark is not liable for failure to perform obligations due to events beyond its reasonable control including natural disasters, supply shortages, or regulatory delays.
17. Governing Law
17.1 These Terms and Conditions are governed by the laws of Queensland and subject to the jurisdiction of Queensland courts.
18. Entire Agreement
18.1 These Terms and Conditions constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.