These Service Terms and Conditions (Terms) apply to electrical, air-conditioning, solar, battery, data, communications, preventative maintenance, testing, service, project and related goods and services supplied by KTM Solutions.
In these Terms:
By accepting a Quotation, issuing a Work Order, signing a work authorisation, requesting us to commence work or allowing us to perform Services, you agree to these Terms.
These Terms do not replace any written contract required by legislation. If domestic building or other regulated work requires a prescribed or compliant written contract, that contract must be completed and will take precedence to the extent of any inconsistency.
You confirm that you are:
If you engage us on behalf of another person, you confirm that you have authority to bind that person and that you remain responsible for payment unless we expressly agree otherwise in writing.
Where a builder, property manager, facilities manager, body corporate, tenant or other intermediary requests work, that party is responsible for clearly identifying who is liable for payment before work begins.
The Contract may include:
If documents are inconsistent, they apply in the order listed above, except that a later approved Variation takes precedence for the work it changes.
Terms contained in your purchase order or other document do not apply merely because you issue or send that document. They only apply if we expressly accept them in writing.
Unless stated otherwise:
A fixed Quotation applies only to the stated scope, assumptions and exclusions. Work outside that scope is a Variation.
An estimate is an indication of likely cost and is not a fixed price. Estimated work will be charged according to the actual labour, travel, materials, equipment, subcontractor charges and other costs incurred, using the applicable rates.
Obvious clerical or calculation errors may be corrected promptly after discovery. If a correction materially affects an accepted Quotation, you may cancel the affected unperformed work without a cancellation fee, but must pay for authorised work already performed and non-returnable Goods reasonably ordered.
We are not obliged to commence work until:
Any proposed date is subject to confirmation. Scheduling work does not make time of the essence unless we expressly agree in writing.
We will perform the Services described in the accepted Quotation or authorised Work Order with due care and skill and in accordance with applicable legal requirements.
Unless expressly included, the Services do not include:
If compliance, safety or technical requirements make the requested method unsuitable, we may propose an alternative. We will not knowingly perform unlawful or unsafe work.
Fault-finding and diagnostic work is charged for the time and resources reasonably required to investigate the reported issue. Payment is due for diagnostic work even if:
Restoring operation does not necessarily correct every underlying defect. We will identify further recommended work where reasonably practicable.
We may determine the personnel reasonably required to perform the work safely, efficiently and in accordance with licensing, supervision, testing and safety obligations.
This may include tradespeople, apprentices, technicians, subcontractors, supervisors or a second person required for testing, access, manual handling, spotting, isolation or other safety procedures.
For work charged on a time-and-materials basis, chargeable time may include the time of each person attending, subject to the rates disclosed in the Quotation, schedule of rates or other pricing information provided to you.
Where applicable, call-out, attendance, travel, minimum labour, after-hours, parking, toll, accommodation or mobilisation charges will be applied at the rates stated in the Quotation, schedule of rates or booking confirmation.
Unless we agree otherwise, chargeable time may include reasonable travel associated with the attendance, collecting job-specific materials, Site inductions, permits, testing, commissioning and completion of required service documentation.
After-hours, weekend and public-holiday rates apply where work is requested or required outside our normal business hours.
You must:
You are responsible for the accuracy of locations, dimensions, selections and instructions supplied by you or your representatives.
We may stop, postpone or refuse work where we reasonably consider that:
We are not responsible for delay caused by these circumstances. Additional attendance, delay and remobilisation costs reasonably incurred may be charged where the circumstance was not caused by us.
You authorise us to isolate electricity, equipment or services where reasonably necessary to perform the work safely. We will take reasonable care when doing so, but you are responsible for taking appropriate steps to protect sensitive equipment, data, processes, stock and occupants from planned interruptions notified to you.
Unless expressly included, our price assumes that asbestos and other hazardous materials are not present in areas affected by the work.
If suspected hazardous material is identified, we may stop the affected work until it has been assessed and, where required, removed or made safe by an appropriately qualified person. Any resulting investigation, delay, return attendance or revised method may be treated as a Variation.
Our price assumes that existing structures, wiring, switchboards, services and equipment are reasonably accessible and suitable for the proposed work unless stated otherwise.
Conditions that could not reasonably be identified before work commenced may require a Variation. Examples include:
We will notify you and seek approval before material additional work where reasonably practicable. We may perform urgent work without prior approval where reasonably necessary to make the Site safe, prevent significant damage or comply with law, provided the action and cost are reasonable in the circumstances.
A Variation is any change to the scope, quantity, timing, sequence, method, specification or Site conditions affecting the work.
Variations may be requested by you, recommended by us or required because of safety, compliance, concealed conditions, unavailable products or third-party requirements.
Where reasonably practicable, we will describe the Variation and its price or pricing basis before proceeding. Approval may be given in writing, electronically, through a project platform or by another method that clearly records authorisation.
If you request immediate work and it is not reasonably practicable to price it beforehand, the Variation will be charged on a reasonable time-and-materials basis at the applicable rates.
Completion dates are estimates unless expressly guaranteed in writing.
We are not responsible for delays outside our reasonable control, including adverse weather, Site unavailability, restricted access, unsafe conditions, supply shortages, manufacturer delays, authority or network approvals, industrial action, transport disruption, latent conditions or delay by you or another contractor.
We will take reasonable steps to minimise the effect of delay and keep you informed of material changes. Reasonable additional costs caused by your delay, unavailable access, aborted attendance or interference by others may be charged as a Variation.
We may select reputable products that are reasonably suitable for the agreed purpose. Where a specified product is unavailable, discontinued or delayed, we will seek approval to supply a reasonably comparable alternative where practicable.
Minor differences in colour, appearance, dimensions, noise or performance may occur within manufacturer tolerances and do not constitute a defect.
Removed Goods and waste become our property for disposal unless you ask to retain them before removal or the law requires another process. Additional disposal charges may apply to hazardous, regulated or unusually large waste.
Where we agree to install Goods supplied by you:
Your rights against the supplier or manufacturer of those Goods remain your responsibility. Nothing in this clause limits responsibility for our installation work.
Risk in Goods passes to you when they are delivered to the Site or installed, whichever occurs first, except to the extent loss or damage is caused by us.
To the extent permitted by law, legal title to Goods supplied by us does not pass until all amounts owing for those Goods and their installation have been paid in full.
Until title passes, you must not intentionally sell, remove or dispose of unpaid Goods other than in the ordinary use of the completed installation. We will not enter the Site or remove installed Goods without your permission or a lawful right to do so.
Any deposit and progress-payment requirements will be stated in the Quotation or applicable contract and will comply with any mandatory legal limits.
We may issue progress claims based on agreed milestones, work performed, Goods ordered or delivered, or another basis stated in the Contract.
Where the Building Industry Fairness (Security of Payment) Act 2017 (Qld) applies, nothing in these Terms limits a party’s rights or obligations under that legislation.
You must pay invoices by the due date shown on the invoice. If no due date is shown, payment is due within seven days after the invoice date.
You must notify us promptly of a genuine invoice dispute, identifying the amount disputed and reasons. You must pay any undisputed amount by the due date.
Subject to applicable law, payments may be allocated to the oldest outstanding amount. You must not withhold payment or set off an amount unless we agree in writing or you have a lawful entitlement to do so.
If an amount remains unpaid after its due date, we may, after giving reasonable notice where appropriate:
We will not charge interest or collection costs on an amount subject to a genuine unresolved dispute to the extent doing so would be unreasonable or unlawful.
We may suspend unperformed work if:
We will give reasonable notice where practicable and resume within a reasonable time after the issue is resolved, subject to availability and rescheduling. Reasonable demobilisation and remobilisation costs not caused by us may be charged.
You may cancel unperformed work by giving us reasonable notice. You must pay for:
We will take reasonable steps to minimise these costs and will credit amounts recovered through return or reuse of Goods.
Either party may terminate the Contract for a material breach that is not remedied within a reasonable period after written notice. Immediate termination is permitted where the breach cannot be remedied, continued work would be unsafe or unlawful, or an insolvency event occurs, subject to applicable law.
Termination does not affect rights and obligations accrued before termination.
We will notify you when the work is substantially complete or ready for use. Minor incomplete items that do not prevent reasonable use do not delay substantial completion, but we remain responsible for completing those items within a reasonable time.
You should notify us promptly after discovering an alleged defect and provide reasonable access to inspect it. Except in an emergency, you should give us a reasonable opportunity to assess and rectify work for which we are responsible before engaging another contractor.
This clause does not restrict any right or remedy that cannot be excluded under the Australian Consumer Law or other applicable legislation.
We warrant that our Services will be performed with due care and skill and that Goods supplied by us will comply with applicable consumer guarantees.
Manufacturer warranties may also apply to particular Goods. We will provide available warranty information and reasonable assistance with a valid manufacturer claim. Manufacturer warranty decisions and replacement lead times may be controlled by the manufacturer.
A manufacturer warranty is additional to, and does not replace, rights under the Australian Consumer Law.
To the extent permitted by law, our responsibility does not extend to problems caused by:
These exclusions apply only to the extent the relevant circumstance caused or contributed to the problem.
Air-conditioning selection and expected performance may depend on plans and information provided by you, building fabric, glazing, insulation, occupancy, heat loads, outdoor conditions, zoning, duct design and operating practices.
Unless expressly included, quoted performance does not guarantee a particular temperature in every room under all conditions. Changes to building use, layout or heat load after design may affect performance.
Regular cleaning and maintenance are required to support performance, hygiene, efficiency and warranty requirements.
Solar generation, battery operation, savings, payback periods and energy-cost estimates are forecasts only unless expressly guaranteed in writing.
Actual outcomes may vary because of weather, shading, soiling, electricity usage, tariffs, export limits, retailer arrangements, equipment availability, system settings, degradation, network requirements and changes to laws or incentive programs.
You are responsible for reviewing electricity retail plans and obtaining financial or taxation advice where appropriate. Unless included in our scope, we do not guarantee approval of a network application, government incentive, rebate or finance arrangement.
Testing may reveal faults, deterioration or non-compliance in existing installations. If we identify an immediate safety risk, we may be legally required to isolate affected equipment, make the area safe or notify a relevant person or authority.
An inspection or test is limited to the scope and accessible areas described in the Contract. It is not a guarantee that no other fault or non-compliance exists.
Certificates, reports and records relate only to the work and conditions observed at the relevant time.
We will take reasonable care at the Site. Some minor disturbance may be unavoidable when accessing concealed wiring, pipes, ducts or equipment.
Unless included in the scope, our price does not include final painting, plastering, patching, tiling, cabinetry, roofing, landscaping or decorative making good.
We are responsible for repairing direct physical damage caused by our failure to exercise due care and skill. We are not responsible for pre-existing damage, concealed defects or unavoidable disturbance reasonably necessary to perform the agreed work, provided we took reasonable care.
Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the Contract was formed.
For a Customer acquiring Goods or Services wholly or predominantly for business purposes, and only to the extent permitted by law, our liability for a failure to comply with a guarantee that may lawfully be limited is limited, at our option, to:
This clause does not limit liability for personal injury, fraud, wilful misconduct, or loss caused by our negligence where limitation would be unlawful.
To the extent permitted by law, you indemnify us against a third-party claim arising directly from:
The indemnity is reduced to the extent that our act, omission, negligence or breach caused or contributed to the claim. It does not apply where it would be unfair or unlawful.
Neither party is liable for delay or failure to perform an obligation, other than an obligation to pay for Goods or Services already supplied, where performance is prevented by an event beyond that party’s reasonable control.
The affected party must take reasonable steps to minimise the impact and resume performance when reasonably possible. If the event continues for an extended period and substantially prevents completion, either party may terminate the unperformed portion on reasonable written notice. You must pay for authorised work performed and reasonable non-recoverable costs incurred before termination.
We handle personal information in accordance with our Privacy Policy.
You consent to us contacting you about the work by telephone, email, SMS or an agreed project or service platform. Electronic approvals and communications may be relied on as evidence of instructions and agreement.
We will not publish identifiable customer, Site or project photographs for promotional purposes without appropriate permission. We may take photographs and retain job records where reasonably required for quoting, safety, quality, compliance, warranty or record-keeping purposes.
We may engage appropriately qualified employees, subcontractors, suppliers and consultants to perform parts of the work. We remain responsible for the Services we have contracted to provide, subject to these Terms and applicable law.
If a dispute arises, each party should give the other written details of the issue and the outcome sought.
The parties must first attempt to resolve the dispute through good-faith discussion between authorised representatives. If the dispute is not resolved within a reasonable period, either party may propose mediation through an agreed mediator.
This clause does not prevent either party from:
A notice under the Contract may be given personally, by post, by email or through an agreed electronic project platform using the contact details most recently provided by the recipient.
A notice is taken to be received when actually delivered or, for electronic communications, when it enters the recipient’s information system unless the sender receives a delivery-failure notification.
You may not assign the Contract without our written consent, which will not be unreasonably withheld. We may assign the Contract as part of a genuine sale or restructure of our business, provided this does not materially reduce your rights.
A waiver is effective only if given in writing and applies only to the specific instance for which it is given.
If a provision is invalid or unenforceable, it will be read down where possible or otherwise severed without affecting the remaining provisions.
The Contract constitutes the entire agreement about its subject matter, except for representations or rights that cannot lawfully be excluded.
The Contract is governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland and courts entitled to hear appeals from them.
