Terms & Conditions
1.1 In these Terms:
“Company”, “us”, “we”, means YOUNGNICKEL PTY LTD T/As All Round Cabling Solutions (ARCS).
“Customer”, “Client”, “You” means the person or persons and or corporation that has been provided with a service by our company.
“Service” means any duty or labour performed by YOUNGNICKEL PTY LTD for the client.
“Terms” means these terms and condition of service.
“Contracts” means a verbal or signed agreement between YOUNGNICKEL PTY LTD and the Client to provide our service or goods. Example of a verbal contract is a Work Order.
“Work Order” means a job has been created in our system to provide you with our company’s service. This verbal contract binds the client to all YOUNGNICKEL PTY LTD Terms and Conditions that are stated in these here Terms.
“Payment Terms” refers to “7 Days”, “30 Days” it can also mean a written agreement with payment terms that have been agreed on prior by both YOUNGNICKEL PTY LTD and Client for any service’s to be undertaken by our Company.
“7 Days” means you have 7 days to pay our invoice.
“30 Days ” means you have 30 days to pay our invoice.
“Pay on the Day” means you have made the full payment on the day of our service call.
“Service Call” means an agent, employee or contractor of YOUNGNICKEL PTY LTD has been dispatched and made a visit to your premises on the Work Order created for your job.
“Goods”, “Parts” means any material that was purchased for carrying out your Work Order.
2.1 These Terms apply to all contracts for any Service or the sale of Goods provided to the client by the YOUNGNICKEL PTY LTD.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Service or the sale of any Goods other than as contained in these Terms.
3.1 Prices are determined at the time of the creation of a client’s Work Order and, prior to payment of the invoice, are subject to change without notice.
4. Payment Terms
4.1 YOUNGNICKEL PTY LTD provides payment terms of 7 days, 30 days and pays on the day.
4.2 All service calls for faults and minor installations will be subject to the 7-day terms or Pay on the Day.
4.3 7 day clients will have 7 days from invoice date to deposit the full invoice amount into the bank or merchant account of YOUNGNICKEL PTY LTD or have an approved credit card payment processed with our office.
4.4 30 day clients will have to be pre-approved for these payment terms. To apply for these terms, you will need to do so in writing and email your request to [email protected] 30 days before the commencement date of your project.
4.5 Once approved for 30-day terms you will be subject to all other terms stated in these terms and conditions.
4.6 If you wish to pay by credit card or Square you must have made successful contact with our office to make credit card or Square payment before your payment terms expire.
4.7 Invoices must be paid in full including any taxes.
4.8 All payment must be made in Australian dollars.
4.9 All payments must be paid in full by the due date provided to you on your invoice.
4.10 If no payment date is present on your invoice you will need to make the full payment either 7 days or 30 days from the invoice date depending on what payment terms you are subject to.
4.11 YOUNGNICKEL PTY LTD has the right was required to take a copy of your credit card information prior to the commencement of Work to provide YOUNGNICKEL PTY LTD a guarantee of payment that is set out in section 6.5 and 6.6 of these terms.
5. Credit Card Payments
5.1 All credit card payments will be processed through our payment gateway Square.
5.2 We accept Visa, Master Card and will also accept direct Square deposits into our Square account.
5.3 Because we are charged merchant fees for processing your credit card payments, we add an additional 1.9 % charge to the total sum of your invoice to cover these merchant charges.
6. Late Payment
6.1 All payment must be successfully processed, and payment captured by our Company bank or merchant account by the due date marked on your invoice, which is subject to your payment terms. If this payment is not received by the due date you will be subject to section 6.3 and 6.4 and all of sections 7 of these terms and conditions.
6.2 If you are having troubles making your payment please contact our office before the terms of your invoice expires.
6.3 If your payment is not made in full by the due date, we reserve the right to add an additional late payment fee of 10 % per week to the total of your invoice that will compound weekly until the full amount has been successfully paid to YOUNGNICKEL PTY LTD.
6.4 If we incur any cost or any labour or administration needs to be carried out at our cost to recover the unpaid amount you will also be liable for the reimbursement of these cost including and not limited to Court cost, Legal Fees, Administration charges, or any cost to our Company that we have made or services that we have had to provide in chasing you for the unpaid amount of your invoice.
6.5 YOUNGNICKEL PTY LTD reserve’s the right to use the credit card information that you provided to us on the signed Work Order prior to the commencement of work. We reserve the right to process and debit this credit card to recover all outstanding amounts on your invoice.
6.6 By signing our Company Work Order or accepting a quote from ARCS, you have specifically acknowledged that you are subject to our terms and condition but with special reference to section 6.5 of these Terms, and give YOUNGNICKEL PTY LTD permission to debit your credit card for the full amount on your invoice including but not limited to any and all additional charges that may have been incurred due to late payments, collection and recovery and credit card charges set out in section 5.3, 6.3, 6.4, 7.2, 7.3, in these terms and conditions.
7.1 Once we have exhausted every effort to contact you for an unpaid invoice, we will hand your file to either our collection agency who will pursue you for the outstanding amount or we will use our Lawyers to peruse you through the courts.
7.2 If it gets this far you will also be liable for any additional costs including but not limiting to, Collection Agency fees, Lawyer fees, Solicitor Fees, Barrister fees and any and all court costs.
7.3 You will also be liable for any and all administration cost that are associated with the processing of this collection through our offices.
7.4 If it regrettably gets to this stage this could potentially damage your credit rating and cost you much more than the original invoice.
7.5 After we have provided three reminders with your invoice will be sent to the collection agency or we will take immediate legal action against you.
8.1 YOUNGNICKEL PTY LTD provides a 1-year warranty on our labour if it falls within the following Terms 8.2 to 8.3
8.2 If it is within 12 months from the date on your invoice and also meet the terms of section 8.3
8.3 If it is the direct result of poor workmanship on the part of our technician that is proven beyond reasonable doubt by the attending technician on the day of our reattendance.
8.4 YOUNGNICKEL PTY LTD will re-attend to make good on faulty or poor workmanship at our cost if it meets criteria above detailed in section 8.2 and 8.3.
8.5 If we re-attend because the client states that this should be under warranty and we discover that the fault or problem is unrelated, the client will be charged at normal rate of Service call fee plus hourly rate plus the cost of any and all material used to complete the job.
8.6 If the client wishes to not go ahead with the work once we determine the fault or problem is not covered under warranty client will still be subject to charges of
1 unit of labour and one call out fee plus any surcharges for after hours and or public holidays work.
8.7 We do not provide warranty for any parts provided by yourself in order to complete the job.
8.8 All Goods and Parts supplied by YOUNGNICKEL PTY LTD are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
8.9 On discovery of any defect in the Goods, the Customer must immediately notify the manufacture of the Goods in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the manufacturer to do so.
8.10. The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arising out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
8.11 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
9. After Hours
9.1 ARCS normal hours of operation are Monday to Friday from 7 am to 5 pm.
9.2 Any work that is out of normal hours of operation will incur a surcharge detailed in the labour rates in section 10 of these Terms.
10. Labour Rates
10.1 Standard Unit of Labour = $60.00 per hour ex Gst ($30 per 30 minutes after the 1st hour)
10.2 After hours Unit of Labour = $127.27 per hour ex GST
10.3 Public Holidays Unit of Labour = $ 127.27 per hour ex GST
10.4 All jobs are charged at a minimum of 1 labour unit except for emergency call outs that are outlined in section 12.1
10.5 We reserve to right to make changes to the price of our labour rate as we see fit so prices may vary and change without notice.
11. MDF Jumpering Service
11.1 Standard Jumpering is for our technician to come to your unit or office building to connect your service from A to B side price $99.00 ex Gst this excludes any fault-finding or repairs required to be undertaken in the event a fault exists on the line. Work is to run a jumper from A to B side in MDF room. In the event, additional jumpering is required IDF/FD Frame and additional $30,00 per additional IDF/FDU ex Gst will apply.
11.2 Complete Jumpering is for our technician to come to your unit or office building to connect your service from A to B side price $198.00 ex Gst this includes any minor fault finding or repairs required to be undertaken in the event a fault exists on the line. Work is to run a jumper from A to B side in MDF room. In the event, additional jumpering is required IDF/FD Frame and additional $30,00 per additional IDF/FDU ex Gst will apply. Price excludes parts or material.
11.3 Standard Business Jumpering is for our technician to come to your unit or office building to connect your service from A to B side price $99.00 ex Gst this excludes any fault-finding or repairs required to be undertaken in the event a fault exists on the line. Work is to run a jumper from A to B side in MDF room. In the event, additional jumpering is required IDF/FD Frame and an additional $30.00 per additional IDF/FDU ex Gst will apply.
11.4 Complete Business Jumpers for our technician to come to your unit or office building to connect your service from A to B side price $149.00 ex Gst this excludes any fault-finding or repairs required to be undertaken in the event a fault exists on the line. Work is to run a jumper from A to B side in MDF room. In the event, additional jumpering is required IDF/FD Frame and an additional $30.00 per additional IDF/FDU ex Gst will apply.
11.5 Phone Line Repair: The advertised price of $198.00 includes Gst. This price covers call-out fees and 1 hour of labour. The material is not covered in this price. If we need to use sockets, cable, or any other material this will be added to your invoice. This price is only for people within 60km from our office location in Penrith. If you are over the 60km we reserve the right to add an additional cost for transportation.
Additional call-out fee pricing as follows over the 60km that will be added to your invoice 60 – 100km $99.00
12. Emergency Call Outs
12.1 For any emergency call outs that are after hours, or you need YOUNGNICKEL PTY LTD to make time ASAP to attend your job where we need to reschedule another clients appointment to attend your job, a minimum of 3 hours after hours labour units will be charged for this service, plus a call out fee and any cost associated with parts that are needed to complete your job.
13. Call Out Fee
13.1 All Service provided to our clients by YOUNGNICKEL PTY LTD will be charged a call out fee.
13.2 Our call out fee covers our technician for the cost of travel to and from your premises including any tolls and charges associated with the trip, this fee also covers fuel insurances and general maintenance of the vehicle.
13.3 Our rates are $198.00 ex Gst B/H $299.00 Ex Gst outside normal operating hours.
14.1 Any costs that may be incurred due to parking will be reimbursed to YOUNGNICKEL PTY LTD.
14.2 If we receive any parking infringement due to instruction followed by our employee’s or Technician that where given by the client or any agent of the client related to parking the client will become liable for reimbursing YOUNGNICKEL PTY LTD for any money fined due to this instruction.
15.1 If access to your building or premises requires security passes and paperwork to be filled out this will be charged at our standard unit of labour rate unless it is after hours or on a public holiday then the appropriate labour rates will apply to site Inductions. As applicable
15.2 If your building site or premises requires that our technician undergo inductions this will be charged at our standard unit of labour rate unless it is after hours or on a public holiday then the appropriate labour rates will apply.
16. Safety Training
16.1 If our technicians require safety training to gain entrance to your site or premises this will be charged at our standard unit of labour rate unless it is after hours or on a public holiday then the appropriate labour rates will apply.
17.1. Inspection reports can be created at a cost starting from $65.00 ex GST for DSL Testing or Wiring inspections.
17.2 Inspection reports can change in cost depending on the time it takes to create and complete a detailed report as requested.
17.3 We provide inspection reports for our clients seeking compensation from their ISP or Telco in the matter of disputed claims.
17.4 We take no responsibility for decisions made or pending in relation to any legal claims made by the Client and ISP or Telco.
17.5 YOUNGNICKEL PTY LTD will provide this service in an unbiased manner to provide true findings.
17.6 YOUNGNICKEL PTY LTD will not be subject to pay any compensation in any form in relation to our inspection reports.
17.7 YOUNGNICKEL PTY LTD will not be subject to any legal ruling against us due to any outcome of any Legal or Civil action that may be undertaken by the Client and the ISP or Telco.
17.8 This Report may also be used for the purpose of a pre-inspection before buying or leasing a property.
18.1 Any Work Order that is created as a result of you requesting our service may be cancelled if it is done so within 24 hours of your appointment date and time.
18.2 We reserve the right to charge you a standard unit of labour and a call out fee if the cancellation is requested anytime within a 24 hour period before the appointment date and time.
18.3 If we arrive at your premises on the day of your appointment and you cancel your job at this time, you shall be charged a call-out fee that is related to your distance plus one hour of labour.
18.4 Refunds. If you have pre-paid for a Lead in Cable Inspection and cancel this service, we will refund you your amount, but we will deduct the payment fees from PayPal for the initial payment and then the fees we get charged for a refund. We will need to charge an admin fee of $66.00 to cover the time it takes our bookkeeper to refund and update or books on our end.
19. Not in Attendance
19.1 If on the day we attend your premises, and no one is in attendance to let our technician carry out the work you have ordered we will make 2 calls to your contact number and leave a voice mail message and an SMS; our technician will wait 30 minutes for you to reply.
19.2 If no reply is made, we will leave your premises and you will need to book a new appointment.
19.3 If our technician has made the appropriate steps to contact you that is stated section 18.1 and you did not respond within the 30 min timeframe, we then reserve the right to charge you one standard unit of labour and one call out fee.
20.2 We provide quotations on installations and repairs for clients, price $99.00 ex Gst. If ARCS wins the job quoted within the time specified on the quote the $99.00 will be subtracted from the jobs total price.
20.3 All quotes will be valid for 30 days from the quotation date.
20.4 We do provide quotations on faults, we do reserve the right to halt the job if any unforeseen issues arise and adjust accordingly.
20.5 Minimum of 1 unit of labour charge in accordance with section 10 will be charged per fault except if section 11 of these terms applies then the minimum labour units will be charged as per section 11.
21. Limited Liability
21.1 These Terms do not affect the rights, entitlements, and remedies conferred by the Trade Practices Act 1974.
21.2 The Company is not subject to and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods and Services we have provided. The Customer acknowledges that the Company is not:
(a) Responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) Liable for any claim, damage or demand resulting from such non-compliance.
20.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute applicable to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option,
(a) Replacement or repair of the Goods or the supply of equivalent Goods; or
(b) Payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be a liability for any consequential loss or damage or other direct or indirect loss or damage.
22. Right to Enter Premises
22.1 You grant access to our Company employees, agents, and contractors to carry out our Work Order for you without being guilty of any manner of trespass;
(a) authorises the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where our Goods and personal property is located in order to collect the Goods or property, without being guilty of any manner of trespass; and
(b) Assigns to the Company all the Customer’s rights to enter into and remain in and on such premises until all the Goods and personal property has been collected.
22.2 You will allow our Technician access to the inside roof space and underfloor space of your premises to carry out any Work Order that has been created.
22.3 Our Technician and any employee, agent or Contractor of YOUNGNICKEL PTY LTD should be safe from harm by entering your premises.
22.4 If you have an animal that may cause harm to one of our employees, this animal should be locked in a separate room away from our employee until the time he has safely left the premises.
22.5 We may refuse to enter your premises if we suspect illegal activity is taking place or has taken place in the client’s premises.
(a) Premises is unclean and could provide a potential health risk to our employees.
(b) If the Clients is rude or makes threating statements to our employees.
(c) If the area were our employee needs to work is deemed unsafe by them at the time of entry.
23. Force Majeure
23.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport
stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident
24. Waiver of Breach
24.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have and is not a waiver of any subsequent breach or default by the Customer.
25.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
26. Governing Law
26.1 These Terms and the Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.
27.1 All goods and services provided by YOUNGNICKEL PTY LTD T/As All Round Cabling Solutions will be subject to GST (Goods and Services Tax) and will have this included in the final total of your invoice.
This tax is mandatory and is required by Australian Taxation Law.
YOUNGNICKEL PTY LTD TERMS AND CONDITIONS
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