Terms of Engagement:

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 ordering the Works as specified in any invoice, document, or order. If more than one Client, each Client is jointly and severally liable.
1.3 Works means all electrical works, services, or materials supplied by KeenSpark to the Client 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 performed.

2. Acceptance
2.1 The Client accepts and is immediately bound by these Terms & Conditions when placing an order, accepting a quote, or paying an invoice.
2.2 These Terms & Conditions prevail over any other document or representation between the parties unless agreed in writing.
2.3 Any timeframes provided for Works are estimates only. KeenSpark is not liable for delays caused by events outside its reasonable control.

3. Price and Payment
3.1 The Price shall be:

  • As indicated on KeenSpark’s invoice; or

  • As per KeenSpark’s written quote, provided acceptance is received within 30 days.
    3.2 Unless otherwise stated, the Price excludes third-party charges (such as supply authority fees) and these will be treated as variations.
    3.3 KeenSpark reserves the right to adjust the Price in the event of:

  • Variations requested by the Client;

  • Unforeseen conditions (e.g. hidden wiring faults, underground obstructions, asbestos);

  • Increases in costs due to changes in taxes, levies, or statutory charges beyond KeenSpark’s control.
    3.4 Payment Terms:

  • On completion of Works; or

  • Where Works cannot be completed in a single visit, the Client agrees to make progress payments for the portion of Works completed at the end of each visit, with the balance payable upon final completion; or

  • Within 7 days of invoice issue, unless otherwise stated.
    3.5 Payment methods include cash, EFT, or card (a surcharge of up to 2% may apply for card payments).
    3.6 All amounts are exclusive of GST unless otherwise specified.

4. Risk
4.1 KeenSpark maintains Public Liability and Workers’ Compensation insurance for the duration of the Works.
4.2 KeenSpark does not remove or handle asbestos. If asbestos or other hazardous materials are identified, Works will be suspended until removal is arranged by the Client at the Client’s cost.
4.3 Where the Client provides materials, KeenSpark is not responsible for defects, failures, or losses arising from such materials.

5. Client Responsibilities
5.1 The Client must provide safe access to the Site and advise KeenSpark of the location of all underground services by engaging a licensed service locator (such as Dial Before You Dig).
5.2 The Client indemnifies KeenSpark for any loss, damage, or claims resulting from unmarked or inaccurately identified underground services.

6. Title and Ownership
6.1 Ownership of all materials supplied by KeenSpark remains with KeenSpark until payment in full has been received.
6.2 Until ownership passes, KeenSpark may repossess any materials supplied if the Client fails to pay in accordance with these Terms.
6.3 The Client must not sell, dispose of, or encumber any materials supplied prior to full payment.

7. Pre-Purchase Electrical Inspections (if applicable)
7.1 Inspections are visual and non-invasive.
7.2 Inspections are limited to areas reasonably and safely accessible at the time.
7.3 KeenSpark does not guarantee the identification of all defects or predict future faults.
7.4 Inspection reports remain the property of KeenSpark until full payment is received and must not be disclosed to third parties without KeenSpark’s consent, except as required by law.

8. Defects and Warranties
8.1 The Client must inspect all Works on completion and notify KeenSpark in writing of any defects within 10 business days.
8.2 KeenSpark complies with the Australian Consumer Law (ACL).
8.3 Except as required under the ACL, KeenSpark makes no warranties beyond statutory guarantees.
8.4 KeenSpark is not liable for defects or damage caused by:

  • Misuse, neglect, or poor maintenance by the Client;

  • Alterations by third parties without KeenSpark’s approval;

  • Fair wear and tear;

  • Acts of God or natural events.

9. Default and Debt Recovery
9.1 Overdue invoices may incur interest at 10% per annum, calculated daily.
9.2 The Client indemnifies KeenSpark for all costs incurred in recovering overdue amounts, including legal costs and collection fees.
9.3 KeenSpark may suspend or terminate Works where payment obligations are not met.

10. Cancellations
10.1 If KeenSpark cancels Works before commencement, all monies paid will be refunded, less any costs for materials procured.
10.2 If the Client cancels within 24 hours of a scheduled appointment, a call-out fee may apply.
10.3 If the Client cancels after materials have been ordered or Works commenced, the Client is liable for all associated costs.

11. Privacy
11.1 KeenSpark collects and stores personal information necessary for providing services, billing, and warranty purposes, in compliance with the Privacy Act 1988.
11.2 Information will not be shared with third parties except where required by law.
11.3 Clients may request access to or correction of their personal information at any time.

12. Governing Law
12.1 These Terms & Conditions are governed by the laws of Queensland and are subject to the jurisdiction of the Queensland courts.

13. Limitation of Liability
13.1 To the extent permitted by law, KeenSpark is not liable for indirect or consequential losses, including loss of profit.
13.2 KeenSpark’s liability is limited to the value of the Works performed or as required under the ACL.

14. Force Majeure
14.1 KeenSpark is not liable for failure to perform obligations due to events beyond its reasonable control, including but not limited to natural disasters, accidents, strikes, or supply shortages.

15. Entire Agreement
15.1 These Terms & Conditions constitute the entire agreement between KeenSpark and the Client and supersede all prior negotiations, representations, or agreements.