Crome Business and Services Terms and Conditions
- We/Our/Us/CROME/Electrician/Technician refers to any person working for or assigned to act on behalf of CROME.
- Client/Customer refers to the person/s ordering the Works as specified in any invoice, quotation, and document or work order. If there is more than one Client, it is a reference to all of the relevant Clients, jointly and respectively.
- Work/Works/Materials refers to all Work or Materials supplied by CROME to the Client at the Client’s request.
- Invoice/Price/Quotation/Quoted refers to the price payable by the Client in exchange for Work and/or Materials as agreed to by both the Client and CROME.
Acceptance of a Quotation
- The Client is taken to have exclusively accepted and as such is immediately bound, jointly and severally, by these Terms and Conditions at the time that the Client places an order for or accepts the delivery of any Works.
- Upon acceptance of a Quotation, the Client is required to pay a 50% deposit to confirm their booking. The remaining 50% is payable before the Technician leaves the worksite, once the Works are completed.
- Works will not commence until the 50% deposit has been received from the Client.
- If payment is not made within seven (7) days of the Technician leaving site, the debt including all accrued interest will be sold to our nominated debt collection agency.
- All quotations provided by CROME will remain valid for 30 days unless otherwise stated. On expiration of this period, if the Client then wishes to proceed, a revised quotation will need to be provided to the Client prior to CROME undertaking the Works.
- CROME is not responsible for any errors and/or omissions approved by the Client. The Client is solely responsible for errors missed during the approval process.
- If the Client requests a variation to their quoted Works, the Technician will provide a revised quotation, clearly showing the amended price/s. If the Client does not accept the new quote, then the Technician shall not be required to complete the variation.
- The Technician will not complete any requested variation until and after written agreement by the Client has been received. This may be in the form of signing and stating approval on the revised quote or providing a purchase order referencing the variation quotation.
- For non-quoted Works, a new job booking shall be scheduled for the Client for a separate date and time.
- The non-quoted Works shall not be completed during the visit for the originally quoted Works.
- For non-quoted Works, payment is due upon the Client’s receipt of invoice.
- If payment is not made within seven (7) days of the receipt of invoice, the debt including all accrued interest will be sold to our nominated debt collection agency.
Pricing and Payment
- All quotations are free of charge except in situations where fault find
- All of CROME’s prices are GST exclusive, unless otherwise specifically stated.
- All of Our Materials are charged at the recommended retail price.
- CROME reserves the right to change our price in the event of a variation to the original quotation. Any variation from the plan of scheduled works or specifications (including, but not limited to: any variation due to unforeseen circumstances, as a result of additional works required due to hidden or unidentifiable difficulties, such as hard rock barriers below the surface or iron reinforcing rods in concrete or due to fluctuations in the currency exchange rate or as a result of increases to the Electrician in the cost of materials and labour) will be charged for on the basis of the Electrician’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at the time of completion of Works.
- At the sole discretion of CROME:
- The Client may be required to pay a non-refundable deposit.
- Payment shall be due on delivery/completion of the Works and/or Materials.
- Payment can be made in any of the following ways: credit card or Eftpos (either over the phone or in person), cash, cheque or bank transfer.
- For the Client’s bank transfer payment to be applied, the Client’s surname and invoice number must be used as the payment reference.
- Receipt of any form of payment other than cash shall not be recognised as remuneration by CROME until that form of payment has been honoured or cleared.
- The Client is not entitled to deduct any invoiced amount from any amounts owing to the Client by CROME in any circumstance.
- In the event that the Client’s payment is dishonoured for any reason, the Client shall be liable for any dishonour fees that reincurs while trying to recover payment from the Client.
- CROME shall be permitted to conduct such credit and financial checks on the Client (and any guarantors) as deemed necessary at any time, and the Client consents to such checks for the purposes of the Privacy Act 1988 and consent to disclosure of such information to a credit reporting or recovery agents. If extenuating circumstances prevent the Client from making payment as per the Terms outlined in this document, it is the Client’s responsibility to inform CROME at their earliest convenience and the two parties shall organise a mutually agreed upon interest-free payment plan, for which a contract must be signed, by both the Client and CROME.
- If the Client fails to make their payment plan repayments, then the debt shall be passed on to our nominated debt collection agency.
Debt Collection and Recovery
- CROME reserves the right to use their own nominated debt collection agency.
- All of the Client’s outstanding debts will be sent to our nominated debt collector agency if not paid within the specified times as outlined in the provisions of these Terms and Conditions.
- The Client will be notified of CROME’s intent to send any outstanding debts to a debt collecting agency and if the Client takes no action to pay their account, it will then be promptly sent to the agency of choice on the date specified to the Client.
- The Client shall be responsible for covering all associated debt recovery costs.
- The Client shall be bound by all provisions listed in the Terms and Conditions set out by the nominated debt collection agency which you may request to view from them.
- CROME shall cease to be the primary contact in regards to overdue accounts, once the outstanding debt has been submitted to the nominated debt collection agency.
The Client’s Responsibilities
- The Client acknowledges that in the event that asbestos or any other toxic substance/s are discovered in the worksite that it is their sole responsibility to ensure the safe and complete removal of all toxic substances. The Client also agrees to indemnify CROME against any costs incurred by CROME as a consequence of such a discovery. Under no circumstances will CROME handle the removal of asbestos products or any other form of toxic substances.
- The Client acknowledges that it is their responsibility to ensure that all Goods, Materials or equipment which CROME is required to install (or to connect any of our Materials to) are of the correct type, size, rating, standard, quality, colour and finish, conform with all relevant Australian standards and local statutory requirements, and are as listed in the specifications, drawings and plans upon which CROME based the Client’s quotation on and therefore, the Client agrees to indemnify CROME against any costs incurred by CROME in rectifying such errors, if required.
- CROME shall not be responsible for the removal of rubbish from or the clean-up of building/construction sites, other than what is a direct result from completing our Works. Any other additional clean-up or rubbish removal is the sole responsibility of the Client.
Accuracy of Client’s Plans
- CROME reserves the right to rely on the accuracy of any plans, specifications and other information provided by the Client.
- The Client acknowledges and agrees that in the event that any of the information provided by the Client is inaccurate, CROME accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other provided information.
- CROME and the Client both agree that ownership of the Materials shall not pass until:
- The Client has paid CROME all amounts owing to CROME; and
- The Client has met all of its other obligations to CROME
Delivery of Works
- It is the responsibility of CROME to ensure that the scheduled Works start as soon as reasonably possible, subject to the provisions listed below.
- The commencement of the Works may be put back and/or the completion date extended by a time frame deemed to be reasonable in the event that CROME claims an extension of time, by giving the Client due notice. This shall be applicable where completion is delayed by an event beyond CROME’s reasonable control, including but not limited to any failure by the Client to: Make a selection
- Have the worksite ready for the Works to commence; OR
- Notify CROME that the worksite is ready
- CROME may deliver the Works in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these Terms and Conditions, unless otherwise agreed upon by both the Client and CROME.
- Any date or time provided by CROME is an estimate only. CROME shall not be held liable for any loss or damage whatsoever due to failure by CROME to deliver the Works (or any part of them) promptly or at all, where due to circumstances beyond the reasonable control of CROME.
- If CROME retains ownership of the Materials under clause then:
- Where CROME is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials either on or before delivery.
- Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
- The Client or the Client’s nominated carrier takes possession of the Materials at CROME’s address; OR
- The Materials are delivered by CROME or CROME’s nominated carrier to the Client’s nominated address, even if the Client is not present at the address.
- Where CROME is to both supply and install Materials then CROME shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works, all risk for the Works shall immediately pass to the Client.
- If the Client specifically requests CROME to leave Materials outside CROME’s premises for collection or to have the Materials delivered to an unattended location, then such Materials shall always be left at the sole risk of the Client and it shall be the Client’s responsibility to ensure that the Materials are insured adequately or at all. In the event that such Materials are lost, stolen, damaged or destroyed, then the subsequent replacement of the Materials shall be the Client’s sole responsibility and expense.
- In the event that the Client cancels their scheduled Works, then any non-refundable deposits paid to CROME shall not be reimbursed to the Client in any circumstance.
- The Client must give CROME at least 3 hours of notice prior to the booking time, in the event that they wish to cancel any scheduled Works. If no notice is provided and the Technician arrives at the worksite, then the minimum charge will be invoiced to the Client for immediate payment.
- If the Client cancels the undertaking of Works, the Client shall be liable for any and all loss incurred (whether directly or indirectly) by CROME as a direct result of the cancellation; including but not limited to, any loss of profits.
- CROME may cancel any contract to which these Terms and Conditions apply or cancel the commencement of Works at any time before the Works are delivered by giving notice to the Client. Upon giving such notice, CROME shall refund to the Client any applicable payments. CROME shall not be held liable for any loss or damage caused to the Client whatsoever that arise from such a cancellation.
Compliance with Regulations and Laws
- The Client and CROME both agree to comply with any provisions of all statutes, regulations and by-laws of the government, local and other authorities that may be applicable to the scheduled Works.
- The Client shall be responsible for obtaining (and the cost of) all licenses and approvals that may be required for the Works to be lawfully undertaken.
- The Client agrees that the worksite shall comply with any and all occupational health and safety laws relating to building and/or construction sites as well as any other relevant safety standards or legislation.
- If CROME have designed, drawn, written plans or created a schedule of Works etc., or created any products for the Client, then the copyright in all such designs, drawings, documents, plans, schedules and products shall remain assigned to CROME, and shall only be used by the Client at CROME’s discretion.
- The Client warrants that all designs, specifications or instructions given to CROME will not cause CROME to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify CROME against any action taken by a third party against CROME in respect of any such infringement.
- The Client agrees that CROME may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings, plans or products which CROME have created for the Client.
- Prior to CROME commencing any Works, the Client must advise CROME of the precise locations of all underground services at the worksite, as well as ensuring that they are clearly marked. The underground mains and services the Client must identify include, but are not limited to: electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
- Whilst all care will be taken by our Electricians to avoid damage to any underground services, the Client agrees to indemnify CROME in respect of any and all liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause.
- The Client must notify CROME within 24 hours of the completion of works if they believe that there is a fault or issue with the works that has been undertaken by us.
- In the instance that a dispute arises between the parties, then the aggrieved party shall send to the other party a Notice of Dispute in writing, clearly outlining the issue/s and providing all relevant information about their complaint. Within fourteen days (14) days after serving a Notice of Dispute, the parties shall confer at least once and attempt to rectify the situation.
- In the event that the situation cannot be resolved, either party may, by further written notice to the other party, refer such a dispute to arbitration. Any arbitration shall be:
- Referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and Conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
- CROME reserves the right to amend these Terms and Conditions from time to time, at our discretion. All changes made to the Terms and Conditions during any such revision will take effect immediately, once the Client has been notified of such a change. The Client will be taken to have accepted such changes if the Client makes any further requests for CROME to provide any Works or Materials to the Client.
- By providing CROME with an email address, the Client accepts that this may be used for internal marketing purposes, including monthly newsletters from CROME.
- The Client shall receive a confirmation phone call from a CROME technician, prior to them arriving on site. If this call is not answered, or returned, then CROME reserves the right to not attend the job site.
- Any request by the Client for CROME to begin performing any Works or to provide any Materials will be deemed as acceptance of these Terms and Conditions.
- All Client’s shall be provided with a copy of these Terms and Conditions, either via email or in hard copy, in addition to the copy available on Our website, prior to the scheduled Works being commenced.
- If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- If an event that is outside the reasonable control of CROME and its Technicians which prevents them from performing the Works on or by the date and time agreed upon, the Technician will immediately notify the Client and give a revised estimated time of completion for the Works. The Technician will also make all reasonable efforts to minimise any inconvenience to the Client.
- The Client shall ensure that CROME has, at all times, clear and free access to the entirety of the worksite thus enabling CROME to undertake the Works in a safe and timely manner.
- Neither party shall be held liable for any breach of these Terms and Conditions that is a direct result of any act of God, war, terrorism, strike, lock-out, industrial action, natural disaster or any other event beyond the reasonable control of either party.
- The Client warrants that they have the appropriate power to enter into any agreement/s with CROME and have obtained all necessary authorisations to allow them to do so, that they are not insolvent and that accepting their quotation creates binding and valid legal obligations with CROME.
- The Client shall not give CROME less than fourteen (14) days prior notice of any proposed change of ownership of the Client and/or any other changes in the Client’s details (including but not limited to: changes in the Client’s name, address, contact phone/fax numbers, email address/s, or business practice etc.). The Client shall be liable for any and all loss incurred by CROME as a result of the Client’s failure to comply with this clause.
- In the event that all or part of the Works performed by CROME need to be remedied, whether or not covered by any warranties, CROME will not be responsible for costs incurred by the Client from any third party to complete the work, if CROME has not been notified and given the first opportunity to arrange the remedial work.
Client’s continued use of these media) or upon requesting any Works or quotations from CROME.
Website Term and Conditions
The term ‘Crome’ or ‘us’ or ‘our’ or ‘we’ refers to Crome, the owner of the website, whose registered office is 27 364 782 890, Queensland. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
- The content of this website is for your general information and use only. It is subject to change without prior notice.
- Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
- Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
- This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
- Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland.
- You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
- These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
- These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
- You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
- In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
- Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.