Terms and Conditions

Last Updated: 19 July 2024

1. The supplier/seller shall mean DHG Electrical Services and any person(s) assigned to act on behalf of and with authority of DHG Electrical Services.

2. The customer/client(s) shall mean any person(s) whom are legally able to sign contractual documents and/or legally acting on behalf of and with the authority of the customer/client(s).

3. The guarantor(s) shall mean those persons or entities who agree to be liable for all debts owed to DHG Electrical Services by the customer/client(s) if the customer/client(s) are unable to pay these debts in the prescribed contractual terms and conditions.

4. All customer/client(s) who sign the contractual documents provided by DHG Electrical Services for all work to be done shall be jointly and severally liable for all payments due to DHG Electrical Services in accordance with the prescribed contractual terms and conditions.

5. The customer/client(s) agree to provide in writing (and within five (5) working days) to DHG Electrical Services all changes to the customer/client(s) name and other relevant details.

6. If the customer/client(s) do not obtain an approved trading credit account with DHG Electrical Services, then all payments outlined in the contractual documents including written variations shall be made in cash, bank transfer or other mutually negotiated methods of payment within seven (7) days. However, credit card payments and the like will incur an additional charge of two point five percent (2.5%) of the total amount owing.

7. The total amount listed on the contractual documents will include GST when and where applicable.

8. The customer/client(s) shall take delivery of the goods on a mutually agreed date at a nominated address unless unforeseen circumstances prevent this from occurring (weather conditions, illness, shortage of the goods, and the like). All risks for the goods pass to the customer/client(s) on delivery of these goods even if DHG Electrical Services retains the ownership of these goods.

9. If any of the goods are damaged or destroyed while under the customer/client(s) care prior to ownership transfer from DHG Electrical Services to the customer/client(s), the customer/client(s) must insure these goods in their care and all insurance payments due for the damaged goods shall be payable for the full price of the goods.

10. All goods as outlined in contractual documents that are supplied by the customer/client(s) and others are the sole responsibility of the supplier. DHG Electrical Services will not insure them, nor will DHG Electrical Services be responsible for any defects of any kind.

11. All additional costs incurred by DHG Electrical Services in relation to goods supplied by customer/client(s) and others shall be added to DHG Electrical Services contractual documents price.

12. Where others are to supply specific goods and services, these suppliers are to indemnify DHG Electrical Services against defects due to faulty workmanship, and/or faulty goods.

13. All materials, accessories, apparatus, goods and equipment that DHG Electrical Services are to supply in the contractual documents and/or specifications, DHG Electrical Services responsibilities for maintenance replacement, repair and return is limited to the nominated manufacturer’s guarantee.

14. Where DHG Electrical Services have nominated specific suppliers and/or brands of material, services, goods, apparatus, luminaries and accessories, DHG Electrical Services reserves the right to substitute any supplier and brand provided the customer/client(s) has no objection.

15. If any company, person, customer/client(s), supplier, wholesaler and/or agent are unable to deliver the specific materials on a date as agreed between DHG Electrical Services and the supplier of these materials, DHG Electrical Services shall not incur penalties or restraints for this type of delay.

16. All goods supplied to the customer/client(s) are to be installed in the customer/client(s) building in accordance with the contractual documents.

17. Until these goods become the property of the customer/client(s) the relationship between DHG Electrical Services and the customer/client(s) shall remain fiduciary. This means that customer/client(s) shall hold the goods to be installed in customer/client(s) building as a bailee for DHG Electrical Services. In addition, the customer/client(s) shall store these goods in mint condition and separate from all other goods. These goods remain the property of DHG Electrical Services until paid for in full by the customer/client(s) whereby the ownership passes to the customer/client(s).

18. Also, customer/client(s) shall not dispose of these goods whether installed or not installed in customer/client(s) building without written permission from DHG Electrical Services.

19. In the circumstances written permission is given to customer/client(s) by DHG Electrical Services, the monies collected from the sale of the goods shall be placed in a trust account until DHG Electrical Services has been paid in full for the goods.

20. If DHG Electrical Services is not paid in full for the particular goods by customer/client(s) by the due date and DHG Electrical Services has reasonable grounds to believe that the full amount of the total price listed in the contractual documents or any part thereof will not be paid for any reason, then DHG Electrical Services holds the right to enter the site where the particular goods are stored by the customer/client(s) and remove those particular goods which is equal to the amount of outstanding monies owed to DHG Electrical Services.

21. DHG Electrical Services quotations are offered under the following terms and conditions. Unless amendments are negotiated and confirmed in writing, it is a condition of our quotations that the following terms and conditions shall apply, regardless of whether acceptance is verbal or in writing.

22. DHG Electrical Services estimates and quotations are valid for a period of seven (7) days. Once accepted within the valid period, the price remains firm for a further seven (7) days. After which DHG Electrical Services reserves the right to make reasonable extra charges.

23. DHG Electrical Services are not responsible for liquidated damages unless:

    1. DHG Electrical Services is absolutely and solely responsible for causing the completion date to be extended.

    2. DHG Electrical Services under the condition (a) above, will only pay liquidated damages if the amount is factual and the actual cost of the length of delay.

24. DHG Electrical Services will only pay a maximum total of five (5) percent of DHG Electrical Services quoted price for liquidated damages if they are applicable to DHG Electrical Services.

25. DHG Electrical Services have not included in their quotation the cost of excavation of rock, reef, tree root and the like. Where these situations are encountered, the cost of performing these tasks will be added to the quotations original price.

26. Where detailed drawings are provided illustrating underground services - such as drainage, septic, sewerage, water, gas, telephone, electrical and the like - if these drawings are inaccurate (or not provided), DHG Electrical Services will not be held responsible for the cost of repair or other economic costs. These costs will be the responsibility of the customer/client(s).

27. DHG Electrical Services have not included in their quotation the cost of Supply Authority charges and/or fees, these charges are to be paid by the customer/client(s).

28. DHG Electrical Services have not included in their quotation the cost of any enterprise bargaining agreement(s) (EBA) that may become law during the duration of the job. Any EBA increased costs will be added to the quotations original price.

29. DHG Electrical Services have not included in their quotation the cost of any site allowance that may become law during the duration of the job. Any site allowance costs will be added to the quotations original price.

30. DHG Electrical Services have priced their quotation based on access to and working on the site between the hours of 6:00am to 6:00pm Monday to Friday. Any additional costs incurred by DHG Electrical Services for overtime rates will be added to the quotations original price. These additional costs will not be added if DHG Electrical Services is at fault and the overtime is caused by this fault.

31. All defects in DHG Electrical Services work will be rectified within twenty (20) working days of written notice. Unless they are of a serious nature then DHG Electrical Services will rectify them within five (5) working days.

32. All payments due from a contract between customer/client(s) and DHG Electrical Services shall be paid to DHG Electrical Services (Redcliffe, QLD, Australia) at:
    BSB: 062 692
    Account Number: 7363 4959
    Account Name: Damon Hugh Group

33. The following services shall be supplied at no cost to DHG Electrical Services by customer/client(s) if needed:

    1. Electricity at 230/400 volts.

    2. Scaffolding. This includes cost of hire, supply, erection, adjustments and removal when applicable.

    3. Hoisting facilities and equipment. This includes the cost of operators, hire, erection, adjustments and removal when applicable.

    4. Other specialized plant and equipment that may be needed to carry out the electrical installation due to specific requirements of customer/client(s).

34. The delay in access to the job site will be considered a major breach of any contract formed between customer/client(s) and DHG Electrical Services. The first date of access for the job is stated on the contractual documents.

35. All disputes between customer/client(s) and DHG Electrical Services shall be settled in the following manner and sequence.

    1. Between customer/client(s) and DHG Electrical Services on agreement.

    2. If negotiations are unsuccessful between customer/client(s) and DHG Electrical Services, all disputes shall be heard before a registered arbitrator.

    3. The last report for dispute resolution between customer/client(s) and DHG Electrical Services shall be bound to use the appropriate courts in Brisbane, Queensland to settle disputes under the quotation.

36. The scope of work and materials applying to the quotation is as outlined in the quotation schedule and does not include electrical or other work and material not referred to in the schedule.

37. The price referred to in the quotation schedule shall be paid in full on delivery, or as invoiced in stages, within seven (7) days of invoice. Should any account become overdue, then it is subject to interest at the rate of five percent (5%) compounding weekly thereafter, plus the cost of any legal expenses incurred in the recovery of the overdue account.

38. In addition to the price referred to in the quotation schedule, DHG Electrical Services is entitled to extra charges for:

    1. Attendance to the site for any stage of work at the customer/client(s) (or agent) request, when the job was not ready to proceed.

    2. Work required to be done outside normal working hours.

    3. Increase in the cost of labour and materials, if for reasons beyond the control of DHG Electrical Services, work cannot be completed within twenty-one (21) days of acceptance.

    4. Variations to the work quoted, such variations being authorised by the customer/client(s), customer/client(s) agent, engineer, or architect in writing.

    5. Repair or replacement of materials damaged or stolen on site by any cause beyond the control of DHG Electrical Services.

39. DHG Electrical Services will ensure that all its employees are covered under the Worker Compensation Act, and that Public Liability Insurance cover is maintained to a value not less than $5 Million.

40. DHG Electrical Services warrants further to undertake all work in a workmanlike manner and that the rectification of any defective work performed by DHG Electrical Services and notified in writing to DHG Electrical Services within three (3) months of practical completion, will be at DHG Electrical Services own cost and expense.

41. If warranty is offered on the materials supplied and installed as part of this quotation, DHG Electrical Services will pass on to the customer/client(s) the benefit of any warranty received by the manufacturer of such materials or equipment.

42. The liability of DHG Electrical Services is limited to the above warranty and does not include any other costs, claims or damages in relation to any other defects, matters or consequences beyond such repairs.

43. Notwithstanding anything herein contained, DHG Electrical Services shall not be held responsible for any loss, damage or delay caused by war, strikes, lockouts, shortage, hindrance, delay of, or inability to obtain materials or labour, fire, flood or drought, or by any other cause beyond the control of DHG Electrical Services.

44. If the customer/client(s) requests cancellation or defaults in payment of monies, or in the compliance with the terms and conditions of the quotation, or commits an acts of bankruptcy, executes a deed of assignment, deed of arrangement or other arrangement with creditors, or being a company, enters into liquidation, DHG Electrical Services may remove all equipment and materials from site, and the customer/client(s) may not hinder such removal. Furthermore, the customer/client(s) will pay to DHG Electrical Services the sum invoiced for work completed to that date, plus a sum equal to thirty per cent (30%) of the quotation value as and for liquidated damages.

45. Without prejudice to any other remedies DHG Electrical Services may have, if at any time the customer/client(s) are in breach of any obligation (including those related to payment), DHG Electrical Services may suspend or terminate the supply of goods and services to the customer/client(s) and any of the other obligations under the terms and conditions of the contract. Under this situation, DHG Electrical Services will not be liable to the customer/client(s) for any loss or damages the customer/client(s) suffers because DHG Electrical Services exercised their rights under this clause.

46. If in the circumstances the customer/client(s) default on payment of the total contracted price and DHG Electrical Services are required to take legal action to recover the outstanding monies, then the customer/client(s) must indemnify DHG Electrical Services from and against DHG Electrical Services costs and disbursements including legal costs of solicitors and the customer/client(s) costs to defend the legal action.

End of DHG Electrical Services terms and conditions.