Terms & Conditions

Please read prior to any acceptance of quotation from TroopKen Pty Ltd (trading as TroopKen Electrical).
By acceptance of a quotation or engagement by any other means, the client confirms acceptance of all TroopKen Electrical Terms & Conditions.
1. Definitions
1.1 “Client” means the person/entity specified as the Client or Customer on the quotation
1.2 “Site” means the site of the works to be carried out
1.3 “Quote” or “Quotation” is the offer proved by TroopKen Electrical to complete the job
1.4 “Goods” shall mean goods supplied by TroopKen Electrical to the Client and are as described on the Quote or Variation
1.5 “GST” is the Goods and Services Tax as defined by the Australian Taxation Office
1.6 “Price” shall mean the price stated on the Quote and may be varied in accordance with clause 2 of this agreement.
1.7 “Services” means the services supplied by TroopKen Electrical and as described on the Quotation or any Variation
1.8 “Variation” means an amended Quote or Offer to complete additional works beyond the scope of the original Quote
1.9 “Contractor” means TroopKen Electrical
2. Price and Payment
2.1 The Client must pay the Price to TroopKen Electrical
2.2 The Contractor reserves the right to change the Price in the event of a variation to the Work required or requested. Any variation from the quoted works (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties beyond the reasonable control of TroopKen Electrical, such as cables and faults below the surface, in roof spaces or under floors) will be subject to TroopKen Electrical providing a variation to the client for approval to proceed.
2.3 Payment must be made to TroopKen Electrical at time of completion of the services quoted (including any variations)
2.4 Payment must be made by cash, direct credit or credit card. Payment by credit card will incur a 1.9% surcharge to be added to the total quoted (including variations) Price.
2.5 If the Client fails to pay the Price in accordance with this agreement, without limiting any other remedies available to TroopKen Electrical, TroopKen Electrical may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. TroopKen Electrical will not be liable to the Client for any loss or damage the Client suffers because TroopKen Electrical has exercised its rights under this clause.
2.6 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum calculated daily.
3. Delivery, title and risk
3.1 The customer shall examine the products immediately after delivery and TroopKen Electrical shall not be liable for any mis-delivery, shortage, defect or damage unless TroopKen Electrical receives details in writing within 14 days of the date of delivery of the products.
3.2 If TroopKen Electrical are employed to install said product/s the Customer shall not open, dismantle or otherwise handle the product/s.
3.3 Notwithstanding delivery of the product/s or their installation, property in any given products shall remain with TroopKen Electrical until the Customer has paid and discharged any and all other indebtedness to TroopKen Electrical on any account whatsoever including all applicable sales taxes and any other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later voided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
3.4 The Customer acknowledges that they are in possession of the products solely as a bailee for TroopKen Electrical until payment as defined in clause 2 has been made in full to TroopKen Electrical and until such payment, the Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery.
4. Limitation of liability
4.1 Subject to clauses 4.2, 4.3 and 4.4, TroopKen Electrical is not liable for any loss or damage, including consequential loss, however caused (including by the negligence of the TroopKen Electrical) suffered by the Client in connection with the Goods and/or Services.
4.2 The Client shall inspect the Goods and/or Services immediately on completion and/or delivery (time being of the essence) notify TroopKen Electrical of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford TroopKen Electrical an opportunity to inspect the Goods and/or Services within a reasonable time following delivery if the Client believes the Goods and/or Services are defective in any way. If the Client shall fail to comply with these provisions the Goods and/or Services shall be presumed to be free from any defect or damage.
4.3 Any claim made by the Client against the Contractor for loss or damage however caused (including by the negligence of the Contractor) suffered by the Client in connection with the Goods and/or Services must be made in accordance with clause 4.2 or in a reasonable time of the Client becoming entitled to make the claim and any claim not made in accordance with clause 4.2 and this clause 4.3 is absolutely barred.
5. Indemnity
5.1 The Client is liable for, and indemnifies TroopKen Electrical from and against, all loss or damage (including legal costs on a solicitor and client basis) incurred or suffered by TroopKen Electrical however caused in connection with:
(a) this agreement;
(b) any breach of this agreement by the Client;
(c) pursuing payment of any outstanding amounts owed to TroopKen Electrical by the Client;
(d) any claim or threatened claim by a third party in connection with Goods and/or Services;
(e) any unlawful or negligent act or omission of the Client or any person acting or purporting to act on behalf of the Client.
(f) any damage or claim arising from failure of the client to comply with clause 6.1 of these Terms & Conditions
6. Client requirements
6.1 The Client must:
(a) It is the sole responsibility of the Customer to check and confirm the order with TroopKen Electrical prior to signing the Quote. TroopKen Electrical will not be held liable for incorrect orders.
(b) It is the responsibility of the Customer to ensure that the Works can be completed without interruption, in a continuous work flow and on the mutually agreed date. TroopKen Electrical reserves the right to charge the Customer any extra costs incurred by TroopKen Electrical by virtue of interruption including but not limited to additional return to site charges and travel costs. The
customer shall be fully responsible to ensure that plumbing, electrical installations and any other installations not specified within this quotation do not foul the work area and associated areas. The customer shall be fully responsible for any necessary foundations.
(c) The Customer shall ensure that TroopKen Electrical has clear and free access to the work site at all times to enable them carry out the Works. TroopKen Electrical shall take all due and reasonable care when delivering and installing the product/s in accordance the Terms and Conditions. TroopKen Electrical shall not be liable for any loss or damage to the site.
6.2 The Client acknowledges TroopKen Electrical accepts no liability for the visual presentation or noise levels of installed products.
6.3 The Customer accepts all liability for, and indemnifies TroopKen Electrical against, any custom orders or additional requests that are outside the usual scope of works, including but not limited to anything that is labelled as a “client/customer requirement”. The usual scope of works, and what is outside same, is determined solely by TroopKen Electrical.
7. Termination
7.1 Without prejudice to TroopKen Electrical’ other remedies at law, TroopKen Electrical shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the TroopKen Electrical shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to TroopKen Electrical becomes overdue, or in TroopKen Electrical opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
7.2 TroopKen Electrical may terminate this agreement at any time by notice to the Client in which case this agreement will terminate on the date specified in that notice, or if no date is specified, immediately.
7.3 The Client may terminate this contract, by providing written notice to terminate. The Client will be liable to pay TroopKen Electrical for any goods and/or services procured, supplied, completed or started for the quoted works.
7.4 The Client acknowledges that TroopKen Electrical may terminate this agreement under this clause 7 without considering the impact on the Client.
7.5 After termination of this agreement, accrued rights or remedies of a party are not affected.
8. Insurance
8.1 TroopKen Electrical shall maintain public liability insurance of at least $5m. The Client must maintain insurances that a prudent person in the circumstances would maintain.
9. Compliance with Laws
9.1 The Client shall comply with the provisions of all statutes, regulations and by-laws of government, local and other public authorities that may be applicable to the works.
9.2 The Client shall obtain (at its own expense) all licences and approvals that may be required for the works.
9.3 The Client must ensure that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
10. General
10.1 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.
10.2 These terms and conditions and any contract to which they apply shall be governed by the laws of NSW and the parties submit to the jurisdiction of the courts of that state.
10.3 TroopKen Electrical may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
10.4 The Client agrees that TroopKen Electrical may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which TroopKen Electrical notifies the Client of such change.
10.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
10.6 The failure by TroopKen Electrical to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect TroopKen Electrical’ right to subsequently enforce that provision.
10.7 This agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
10.8 If a party to this agreement consists of more than one person then an obligation of those persons under this agreement is joint and several.
10.9 Any instructions received by TroopKen Electrical from the Client for the supply of Goods and/or Services or the Client’s acceptance of Goods and/or Services supplied by TroopKen Electrical shall constitute acceptance of the terms and conditions contained herein.