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Terms & Conditions

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Terms & Conditions

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1. Definitions

  1. “Contractor” means Symbient Pty Ltd T/A Symbient Electrical and Data, it’s successors and assignees or any person acting on behalf of and with the authority of Symbient Pty Ltd.
  2. “Client” means the person’s or company buying the goods and/or services as specified in any quotation, tender, order, or invoice document.
  3. “Customer” means the person’s or company buying the goods and/or services as specified in any quotation, tender, order, or invoice document.
  4. “Goods” means all the goods and/or services supplied by Symbient Pty Ltd to the client in the course of carrying out projects or activities.
  5. “Price” means the price payable for the goods and/or services between Symbient Pty Ltd and the client.
  6. “Scope of Work” means the scope of work detailing the goods and/or services to be performed as outlined in our accepted quotation or tender documents.
  7. “Site” means the site or address upon which the scope of work is to be carried out.

2. Scope of Work

  1. The scope of work shall be determined based on the documents provided by the client and the quotation from Symbient being accepted by the client.
  2. Any additional works beyond the scope of work shall incur additional costs.

3. Quotations and Pricing

  1. Quotations are valid for 30 days from the date of issue.
  2. Prices exclude the goods and services tax (GST) unless specified otherwise.
  3. Any variations requested after the acceptance of a quote will result in a revised quotation or an additional invoice.

4. Payment Terms and Invoicing

  1. A deposit of up to 50% of the project may be required to secure large items like switchboards and air-conditioners.
  2. Invoices shall be paid within 14 days from the date of issue unless agreed in writing otherwise.
  3. Late payments may incur interest at a rate of 10%, this interest shall accrue from day to day and shall be capitalised annually.
  4. The client shall pay all costs and expenses incurred by Symbient Pty Ltd in relation to the recovery of the monies due and owing to Symbient Pty Ltd under these terms and the enforcement of Symbient Pty Ltd other rights under these terms including but not limited to legal costs and expenses on a full indemnity basis.
  5. Any money paid by the client under these terms shall be applied firstly to the interest, secondly to costs and lastly to the capital amounts owing by the client. When payments are applied to the capital amounts payment will be applied to the oldest invoices first.

5. Variations

  1. If the client wished to make a variation to the agreed upon scope of work, they must do so in writing to Symbient Pty Ltd. The variation request must clearly outline the proposed variation.
  2. If Symbient Pty Ltd agrees to undertake any variation requested by the client then before any work relation to the proposed variation is to commence the price, terms for payment and all the terms of the variation must be documented in writing and signed by the client.
  3. Variations may incur an admin fee of $250 + GST to provide a variation quotation at Symbient Pty Ltd discretion. This payment may be required upon request for a variation and is non-refundable if the client does not approve the variation quotation or proceed with the variation.

6. Insurance

  1. Symbient Pty Ltd must always maintain:
    1. Public liability insurance in the amount of $20,000,000 in respect of every claim
    2. Workers Compensation Liability Insurance

7. Work Site Access and Safety

  1. The client shall ensure safe and reasonable access to the site, free from hazards and obstacles.
  2. Any delays due to restricted access or unsafe conditions may result in additional charges.

8. Licenses, Permits and Compliance

  1. Symbient Pty Ltd shall hold and maintain all necessary licenses and permits for the work to be conducted.
  2. All work performed by Symbient Pty Ltd shall comply with applicable Australian Standards, electrical safety regulations and building codes.

9. Warranty

  1. We offer a 1-year warranty on all materials supplied and installed by Symbient from the date that the item was installed.
  2. We offer a 10-year workmanship warranty from the completion date of the project.
  3. The warranty will be null and void if repairs, alterations, or additional wiring has been completed by others without out prior written approval.

10. Liability

  1. Symbient Pty Ltd is not liable for indirect, incidental, or consequential damages.
  2. Symbient Pty Ltd total liability is limited to the value of the contract, except in cases of wilful misconduct or gross negligence.

11. Termination

  1. Either party may terminate the contract by giving written notice with 14 days’ notice.
  2. Upon termination, the client shall be liable for the costs of work completed up to date of the termination and any costs incurred for demobilising from site.

12. Force Majeure

  1. Symbient Pty Ltd is not liable for delays of failures to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, strikes or supply chain disruptions.

13. Dispute Resolution

  1. In the event of a dispute, both parties Symbient and the client shall agree to attempt resolution through negotiation.
  2. If a resolution cannot be reached, disputes shall be settled by arbitration in accordance with the laws of Western Australia and The Commercial Arbitration Act 1986

14. General Terms

  1. The failure of the Contractor to enforce any provision of these terms and conditions shall not be regarded as a waiver of that provision, nor shall it affect the Contractor’s right to enforce that provision later. If any provision in these terms and conditions is found to be invalid, void, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain unaffected.
  2. These terms and conditions, along with any contract to which they apply, are governed by the laws of Western Australia where the Contractor has its principal place of business. The courts of Western Australia shall have jurisdiction.
  3. The Client shall not set off or deduct any sums owed or claimed to be owed to the Client by the Contractor, nor withhold payment of any invoice because part of it is in dispute.
  4. The Contractor may license or subcontract all or part of its rights and obligations without requiring the Client’s consent.
  5. The Client agrees that the Contractor may amend these terms and conditions at any time. Changes will become effective once the Contractor notifies the Client. By requesting further Goods from the Contractor, the Client will be considered to have accepted any changes.
  6. Neither party shall be liable for defaults resulting from acts of God, war, terrorism, strikes, lockouts, industrial actions, fires, floods, storms, or any other events beyond the reasonable control of either party.
  7. The Client warrants that it has the authority to enter this agreement, has obtained all necessary authorisations to do so, is not insolvent, and that this agreement creates binding and enforceable legal obligations.