Mactec Electrical Pty Ltd – Terms and Conditions
By engaging Mactec Electrical Pty Ltd (“Mactec”, “we”, “our”, or “us”), you (“the client”) acknowledge and agree to the following Terms and Conditions.
These terms apply to all quotes, work orders, service calls, installations, maintenance, testing, repairs, and associated works undertaken by Mactec Electrical.
Acceptance of any quote or commencement of work constitutes full agreement to these Terms and Conditions.
These Terms operate in conjunction with our General Service Terms, Invoicing & Payment Terms, Real Estate Client Terms (where applicable), and the Disclaimer, Indemnity & Limitation of Liability (Clause 15).
1. Definitions
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Client – the person, company, landlord, tenant, or agent engaging Mactec Electrical for works or services.
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Works – any services, installation, testing, maintenance, repair, or associated activities performed by Mactec Electrical.
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Quote – a written document issued by Mactec outlining proposed works, materials, and costs.
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Variation – any change to the original agreed scope, price, or conditions due to unforeseen or altered circumstances.
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Property – the premises, dwelling, or site where works are undertaken.
2. Quotes, Estimates, and Acceptance
2.1 Application
These provisions apply to all quotations, proposals, and estimates issued by Mactec Electrical. By accepting a quotation, you acknowledge and agree to these Terms and Conditions, which operate alongside all other Mactec policies and disclaimers.
2.2 Verbal Quotations and Provisional Sums
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Any verbal quotation or price indication is a provisional estimate only.
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No works will commence until a formal written quotation has been accepted.
2.3 Quotation Validity and Scope
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Quotations are valid for the period stated (typically 14 or 30 days).
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Acceptance after this period may result in a price or scope adjustment.
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Only items explicitly listed in the quotation are included. No verbal commitments, assumptions, or implied inclusions will be honoured unless confirmed in writing.
2.4 Site and Installation Requirements
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The site must comply with current AS/NZS 3000:2018 standards and other relevant regulations.
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Quotes do not include rectification of non-compliant or unsafe conditions unless specifically stated.
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The site must be safe, accessible, and free of obstructions.
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Delays, interference by other contractors, or unsafe access may result in additional charges as a Variation.
2.5 Pre-Existing Condition Disclaimer
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Mactec Electrical is not liable for damage, delay, or cost resulting from the condition, age, or deterioration of existing structures, wiring, plumbing, or building materials.
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Clients are responsible for addressing known issues prior to commencement.
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We shall not be liable for delays due to weather, supplier issues, or circumstances beyond our control (force majeure).
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Clients indemnify Mactec against losses arising from pre-existing hazards or the failure of other trades.
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Clients are encouraged to obtain professional structural or electrical inspections for older or complex properties.
2.6 Variations and Adjustments
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If unforeseen conditions arise or site requirements are not met, Mactec may revise the quoted amount to reflect additional materials, time, or complexity.
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We will notify you as soon as practical.
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If you cannot be contacted and the required Variation is less than 10% of the total quote, Mactec may proceed without written approval to prevent unnecessary delays.
2.7 Cancellation or Withdrawal
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If you cancel after accepting a quote or after being notified of Variations, all costs, labour, and materials incurred to date will be invoiced and payable immediately.
2.8 Payment Terms
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Payment is due within 14 days of the invoice date unless otherwise agreed in writing.
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Progress payments may be required for larger or staged works.
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Overdue accounts are subject to interest and recovery costs in accordance with our Invoicing & Payment Terms.
2.9 Confidentiality
All quotations, designs, and documentation provided by Mactec are confidential and remain our intellectual property. Disclosure to third parties without written consent is prohibited.
2.10 Amendments
Mactec Electrical reserves the right to update or revise these terms at any time. The latest version will be available on our website.
2.11 Acknowledgement of Acceptance
By accepting a quotation—verbally, via email, or in writing—you confirm you have read, understood, and accepted all Mactec Electrical Terms and Conditions, including Clause 15 – Disclaimer, Indemnity & Limitation of Liability.
3. Site Safety and Access
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Clients must ensure the site is safe and complies with relevant laws.
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Mactec reserves the right to suspend work if conditions are unsafe or access is obstructed.
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Additional charges may apply for rescheduling or delays caused by restricted access or interference by others.
4. Variations and Additional Works
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Variations must be approved by the client prior to proceeding, except where deemed minor or necessary for safety.
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All additional work will be charged at current labour and material rates.
5. Completion and Handover
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Works are deemed complete once functional and compliant.
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Certificates of Electrical Safety or Compliance will be issued where required by law.
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Mactec may photograph installations for record-keeping and compliance purposes.
6. Warranty and Statutory Rights
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Mactec Electrical guarantees workmanship in accordance with statutory obligations and industry best practice.
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Manufacturer warranties apply to supplied equipment.
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Faults arising from misuse, unauthorised alterations, or third-party interference are excluded.
7. Payment and Overdue Accounts
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Payment terms are strictly 14 days from invoice date unless stated otherwise.
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Unpaid invoices may incur late fees and recovery charges.
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Mactec reserves the right to suspend further work until all outstanding balances are settled.
8. Confidentiality and Intellectual Property
All drawings, plans, designs, and proposals remain the property of Mactec Electrical and may not be reused, copied, or shared without consent.
9. Compliance and Regulations
Mactec complies with all relevant Australian Standards, including but not limited to AS/NZS 3000:2018, and the Electricity (Licensing) Regulations 1991 (WA).
10. Force Majeure
Mactec is not liable for delay or non-performance caused by events beyond our reasonable control, including weather, supplier delays, network interruptions, or regulatory hold-ups.
11. Privacy
Personal and business information collected by Mactec is handled in accordance with the Privacy Act 1988 (Cth). We only collect necessary information to deliver and manage our services.
12. Real Estate and Strata Engagements
When Mactec is engaged by a property manager or strata manager:
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The manager warrants authority to act for the owner(s).
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The owner remains ultimately responsible for all charges and liabilities.
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Tenants and occupants must provide reasonable access and protect their belongings prior to works.
13. Independent Contractors
Mactec may engage qualified subcontractors to perform parts of the works. All subcontractors operate under Mactec’s supervision and comply with these Terms.
14. Governing Law
These Terms are governed by the laws of Western Australia, and both parties submit to the jurisdiction of WA courts.
15. Disclaimer, Indemnity and Limitation of Liability (Including Tenants and Occupants)
15.1 Application and Acceptance
This clause applies to all works performed by Mactec Electrical. By engaging us in any capacity, all clients, landlords, tenants, and occupants acknowledge and accept this disclaimer.
15.2 Pre-Existing Conditions
Mactec shall not be liable for any damage, defect, or failure arising from pre-existing faults, deterioration, poor workmanship by others, or the inherent age of materials.
15.3 Damage to Property and Belongings
Mactec takes all reasonable care, but shall not be responsible for incidental, indirect, or consequential damage to:
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Walls, floors, ceilings, roofing, cabinetry, or finishes;
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Plumbing, gas, HVAC, or data services;
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Structural elements, insulation, or framing;
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Fixtures, fittings, or personal property belonging to owners, tenants, or occupants.
Unless otherwise agreed, make-good is limited to make-safe only (no cosmetic repairs).
Tenants and occupants are responsible for securing or covering personal items, furniture, appliances, food, and belongings before works commence.
15.4 Hidden or Concealed Services
Mactec is not responsible for damage to concealed or misidentified services not disclosed or shown on accurate plans.
15.5 Appliances, Electronics, and Data
Clients and tenants acknowledge that temporary power isolation may interrupt or damage sensitive devices. Mactec accepts no liability for food spoilage, data loss, or electronic malfunction.
15.6 Unforeseen Conditions, Variations, and Delays
Unforeseen issues (asbestos, unsafe wiring, pests, access restrictions, etc.) may cause delays or additional costs. These will be treated as variations per Clause 2.
15.7 Responsibilities of Clients, Landlords, and Tenants
All parties must ensure safe access, notify occupants, secure valuables, and restrain pets.
Mactec may charge additional fees where access is restricted or delayed.
15.8 Reporting and Assessment
Any alleged damage must be reported in writing within seven (7) days of discovery (or within 48 hours for safety-related issues).
Mactec must be allowed first inspection rights before third parties perform remedial work.
15.9 Warranty and Statutory Rights
Nothing in this clause limits rights under the Australian Consumer Law. Mactec’s liability is limited to the re-supply of services or the cost of re-supply.
15.10 Consequential Loss
Mactec is not liable for consequential or indirect loss including business interruption, rent reduction, data loss, or loss of tenant amenity.
15.11 Indemnity
Clients, landlords, tenants, and all persons on-site indemnify Mactec Electrical, its employees, and contractors against all claims or costs arising from:
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Pre-existing conditions or property faults;
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Hidden services or structural issues;
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Tenant or third-party interference;
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Claims by guests, insurers, or neighbours;
except to the extent caused by Mactec’s proven negligence.
15.12 Force Majeure
Mactec shall not be liable for delay or failure to perform caused by events beyond its control.
16. Entire Agreement
These Terms and Conditions represent the entire agreement between Mactec Electrical Pty Ltd and the client.
Any inconsistent client terms are excluded unless expressly agreed in writing by Mactec.
Contact
Mactec Electrical Pty Ltd
3/16 Fortitude Boulevard, Gnangara WA 6077
📞 (08) 6169 1679
📧 admin@mactecelectrical.com.au
🌐 www.mactecelectrical.com.au
