1.1These Terms apply to all electrical, refrigeration, gas and associated works supplied by Perth Electrical & Mechanical Services ("PEMS") to customers engaging PEMS on a cash, pre-authorised or card-on-file basis ("Customer").
1.2These Terms do not apply to customers approved for trading credit terms under a separate written agreement.
1.3These Terms supersede all prior negotiations, representations or agreements unless expressly varied in writing by PEMS.
1.4By requesting works, instructing attendance, completing Stripe authorisation, permitting works to proceed, or making payment, the Customer agrees to be bound by these Terms.
1.5PEMS may amend these Terms from time to time. Updated Terms will be published on the PEMS website and apply to all service requests submitted after publication. Customers are encouraged to review the current Terms when submitting each new service request. The Terms in force at the date of each service request govern that request.
2.1PEMS provides electrical, refrigeration, gas and associated works including diagnostic services, repairs, maintenance, installations, commissioning and equipment supply.
2.2Unless otherwise agreed in writing, all works are performed on a time and materials basis.
2.3Quotations are estimates only unless expressly stated as fixed price.
3.1The Customer warrants that any director, employee, manager, supervisor, maintenance officer, chef, contractor or person present at the service location who requests, approves or permits works has actual or apparent authority to bind the Customer.
3.2PEMS is entitled to rely on verbal, written or electronic instructions from such persons without further enquiry.
3.3The Customer remains liable for all works requested or authorised by its representatives.
4.1One (1) service request applies per asset per attendance.
4.2One (1) service fee applies per technician attending site. Each technician is separately chargeable.
4.3Labour is charged in 15-minute increments at PEMS' prevailing rates, subject to the following minimums per attendance:
4.4Where multiple assets are inspected, diagnosed or worked on during a single attendance, each asset constitutes a separate service request and is subject to its own minimum service fee and minimum labour charges, regardless of total time spent on site. Time spent across multiple assets is not apportioned, averaged or shared between assets for the purpose of calculating minimum charges.
4.5After-hours, weekend, public holiday, regional and remote rates apply where relevant.
4.6Services are charged at PEMS' prevailing rates at the time works are performed.
4.7PEMS may adjust its rates from time to time. Updated rates apply to services performed after the rate change takes effect.
4.8All amounts referenced in these Terms, quotations and invoices are exclusive of GST unless expressly stated otherwise. GST will be added at the prevailing rate.
4.9PEMS may impose temporary surcharges or levies in response to material increases in fuel, freight, parts, regulatory or other input costs, or in response to extraordinary market conditions, supply chain disruptions, regulatory changes or natural events. Any such surcharge will be notified to the Customer in writing or by publication on the PEMS website prior to it taking effect, and applies to services performed after that date until withdrawn by PEMS.
5.1The Customer authorises PEMS to securely store a nominated Visa or Mastercard via an approved third-party payment gateway.
5.2PEMS may place a temporary pre-authorisation hold prior to attendance, with a minimum amount of $750 + GST, or such higher amount as advised at booking.
5.3The Customer authorises PEMS to capture payments progressively as invoices are issued without further notice.
5.4Multiple captures may occur against the stored payment method.
5.5Additional works may exceed the pre-authorised amount. The Customer authorises PEMS to: (a) request additional authorisation; (b) place further holds; or (c) capture amounts reasonably due for urgent safety, compliance or operational works.
5.6If a payment method fails, is cancelled or is disputed, PEMS may suspend works immediately.
6.1PEMS may issue invoices progressively as works are performed.
6.2Each attendance, diagnostic stage, supply of parts or completed portion of works may be invoiced separately.
6.3Completion of all works is not a condition precedent to payment for earlier stages.
6.4PEMS may suspend or withhold further works if any invoice remains unpaid.
7.1Electrical, refrigeration, gas and associated fault finding is investigative and progressive in nature.
7.2Diagnostic time is chargeable whether or not a fault is identified.
7.3Where equipment is operational at the time of attendance and no fault is reproducible, attendance remains payable.
7.4Where a primary failure prevents complete testing, additional or secondary faults may only become apparent after rectification of the primary defect.
7.5Return visits for additional or newly identified faults are chargeable unless directly caused by proven defective workmanship of PEMS.
7.6Repair of one component does not constitute a guarantee against unrelated future failure.
7.7For the avoidance of doubt, no fault found, misdiagnosis (where the diagnosis was reasonable on the information available at the time), and the emergence of secondary or unrelated faults are not defective workmanship. Defective workmanship is defined in clause 11.1.
8.1Where additional faults or safety risks are identified, PEMS may proceed where reasonably necessary to: (a) ensure safety; (b) prevent further damage; or (c) maintain operational continuity.
8.2All additional labour and materials are chargeable and may exceed any pre-authorised amount.
8.3In addition to PEMS' authority under clause 8.1, the Customer provides standing authorisation for PEMS to proceed with works up to $1,000 + GST per service request without further approval. Where works are reasonably likely to exceed this amount, PEMS will seek verbal, written or electronic approval from a person with authority under clause 3 prior to proceeding, except where clause 8.1 applies.
9.1A minimum 50% deposit is required upon acceptance of quotation.
9.2PEMS may require up to 100% payment prior to procurement of capital or special-order goods.
9.3Balance must be paid in cleared funds prior to delivery, installation or commissioning.
9.4Deposits for special-order or non-stock items are non-refundable except as required by law.
10.1Title in goods supplied does not pass until payment in full is received.
10.2The Customer grants PEMS a purchase money security interest (PMSI) in all goods supplied.
10.3PEMS may register its security interest under the Personal Property Securities Act 2009 (Cth).
10.4The Customer waives its right to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
10.5The Customer must do all things reasonably required to perfect or enforce that security interest.
11.1 Definition of Defective Workmanship
For the purposes of these Terms, "defective workmanship" means work performed by PEMS that fails to meet the standard reasonably expected of a licensed tradesperson — for example, incorrect wiring, non-compliant connections, or installation contrary to applicable Australian Standards or regulatory requirements. The following are expressly excluded and do not constitute defective workmanship:
11.2 Workmanship Warranty Period
PEMS warrants its workmanship for:
11.3 Remedy
Where defective workmanship is established, PEMS' sole obligation is to rectify the defective workmanship at no further labour charge. Defective workmanship will be assessed against accepted industry standards and applicable regulatory requirements. Where the parties cannot agree, either may seek independent assessment by a suitably qualified third party, with costs borne by the unsuccessful party.
11.4 Parts
Parts are subject solely to manufacturer warranty. Labour to remove, return or refit parts under manufacturer warranty is chargeable.
11.5 Australian Consumer Law
Nothing in this clause limits any rights the Customer may have under the Australian Consumer Law that cannot lawfully be excluded.
12.1To the maximum extent permitted by law, PEMS excludes liability for consequential loss, loss of profit, loss of trade, business interruption, spoilage or indirect economic loss.
12.2Where liability cannot be excluded under the Australian Consumer Law, PEMS' liability is limited to re-supply of services or payment of the cost of re-supply.
12.3Subject to clauses 12.1 and 12.2, PEMS' total aggregate liability is limited to the greater of: (a) the amount paid for the services giving rise to the claim; or (b) the cost of re-supplying those services.
13.1The Customer must provide safe and unrestricted access.
13.2Where PEMS must return due to site not being prepared, restricted access or unavailable equipment, additional service fees apply.
13.3Cancellation of a service request must be made in writing to service@pemservices.com.au prior to dispatch of the technician. Cancellations made after dispatch, or failure to provide access on attendance, will incur the applicable service fee and minimum labour charge under clause 4.3.
14.1The Customer must notify PEMS in writing of any invoice dispute as soon as reasonably practicable, and in any event within 14 days of invoice issue.
14.2Where a dispute is not raised within this period, the invoice is deemed accepted, except in respect of rights under the Australian Consumer Law that cannot be excluded.
15.1PEMS is not liable for any delay or failure to perform caused by events beyond its reasonable control, including but not limited to: parts and supplier delays, manufacturer back-orders, transport disruptions, severe weather, natural disasters, pandemics, industrial action, utility failures, government restrictions, or denial or restriction of site access.
15.2Where a force majeure event occurs, PEMS will notify the Customer and resume performance as soon as reasonably practicable.
These Terms are governed by the laws of Western Australia.
I confirm that I am authorised to bind the Customer and agree to the above Terms & Conditions.
To sign and return a formal copy: service@pemservices.com.au | 08 7095 3550