Terms and Conditions
Product Terms and Conditions
About these Product Terms and Conditions
In these Terms and Conditions “we” and “us” mean Davtec Electrical and “you” and “your” means you the customer.
These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
Legal Capacity to Transact
If you are under the age eighteen (18) years you cannot place orders with Davtec Electrical
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should Davtec Electrical suffer any damage or other losses as a result of a transaction entered into by a minor, Davtec Electrical reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Davtec Electrical
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number. We will do this by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Produce Terms and Conditions.
We will confirm acceptance of your order after payment is received then we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received, we will contact you by email or telephone.
Davtec Electrical reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
Davtec Electrical accepts PayPal, Visa, and MasterCard.
Payment can also be made by direct deposit to our bank account. Orders paid for by direct deposit will not be processed until payment has been received. Please ensure that you include the order/ invoice number in the transaction reference
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding public holidays.
We process credit card and PayPal payments after you click the “Submit My Order” button.
For credit card and PayPal payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
We will not accept credit cards issued by banks outside of Australia. Our preference in this instance is direct deposit into our bank account
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.
Davtec Electrical always seeks to list Products with the most competitive prices.
Davtec Electrical reserves the right to change prices for Products displayed at the Davtec Electrical website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.
When your order items have been dispatched, we will email you to confirm shipment of each item.
If you are dissatisfied with the goods in any way, you may return them ( No Question Asked ), this must be done within 30 days of receiving the goods. Goods that are returned after the 30-day period will be charged a restocking fee of 30%. Goods must be returned at the cost of the customer and be in a re-sellable condition. In the event goods are sought to be returned, the buyer shall contact us for a GOODS RETURN APPROVAL ( GRA )
If you find that the goods were damaged in transit or were faulty in some manner, or short supplied in quantity please email us to firstname.lastname@example.org within 24 hours of receiving the goods. We will organise for the return of the goods and arrange a credit towards your next purchase or send a replacement product. Customer will incur the cost of return postage and be credited the purchase price less return cost.
All orders on this website are processed within 24 hours. If there are any unforeseeable delays, you will be contacted by our customer service team.
Orders will be shipped to you by Australia Post, or where more appropriate, a Courier Service of our choosing.
Orders are sent with Australia Post. With Australia Post we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. If no-one is present to accept delivery, the satchel will be left at the door. Title and risk of loss to all products will pass to you on delivery.
With our nominated Courier Service, we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. Our courier cannot guarantee a specific delivery date or time. If no-one is present to accept delivery, the satchel will be left at the door. Title and risk of loss to all products will pass to you on delivery.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here email@example.com
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options.
Australia Post Express satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred as a result of using this delivery option is at the purchaser’s risk.
If you require a fully insured service, it must be requested at the time of ordering. Our courier will endeavour to supply you with the product you have ordered from us in the condition that the goods were dispatched. However, on occasion goods may be damaged in transit to you. If this occurs, please either email us at firstname.lastname@example.org or call the courier’s customer service team.
We will supply you with a replacement product upon receiving the product back.Read Faulty/ Warranty Products.
Faulty/ Warranty Products
Davtec Electrical offer our customers quality products. We will endeavour to supply you with product you have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. If this occurs, please either email us at email@example.com or contact our Customer Service Team. We will supply you with a replacement product upon receiving the product back. It is the responsibility of the customer to pay/ arrange the return of the product to us. If the Product/s has been installed and becomes faulty within its warranty period, we will need a copy of the Licensed Electrician that carried out the installation.
Limitation of Liability
Information on this website is provided ‘as is’ and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.
This website and its contents are subject to copyright.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Davtec Electrical. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Davtec Electrical for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Davtec Electrical, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Davtec Electrical reserves the right to change the Terms and Conditions of sale at any time.
No Davtec Electrical employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Davtec Electrical shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Davtec Electrical, and Davtec Electrical shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.
Trading Terms and conditions
- These are the Standard Trading Terms made by Davtec Electrical for the supply of Goods and/or Services. Upon agreement of the Customer to such terms herein, these Terms shall become an integral part of the Contract (“the Contract”) so created.
- In these terms, including the Term listed before and the Terms listed after this Term, unless the contrary intention appears, the words and phrases underlined below are defined as follows: “Services”: The same meaning as “services” in clause 68A (1)(b) of the Trade Practices Act 1974 (Commonwealth of Australia). “Acceptance” In relation to the supply of Goods and/or Services, the event described in Terms 7.1 through 7.4.
Fixed Price: Any instance where Davtec Electrical is to supply Goods and/or Services for a predetermined and fixed consideration specified in the Proposal.
“Time and Materials”: Any instance where Davtec Electrical is to supply Goods and/or Services for a consideration which is a product of the number of hour of Service actually supplied and a hourly rate specified in the Proposal plus remuneration for materials used in conjunction with supplying the service.
- Where Davtec Electrical has offered to supply Goods and/or Services at a Fixed Price:
(a) Unless otherwise stated in the Proposal, prices for supply of Goods and/ or Services to a destination in Australia shall include all Australian taxes and duties including the Goods and Services Tax; but
(b) If the Goods and/or Services are to be exported out of Australia, the price shall exclude all duties, taxes or imposts payable.
- 4.1 If and only if Davtec Electrical has offered to supply Goods and/or Services on a Time and Materials basis, such offer and any Contract ensuing from it shall be subject to Terms 4.2 through 5.
4.2 The essence of the supply of Goods and/or Services on a Time and Materials basis is that Davtec Electrical will supply a certain number of hours of a suitably skilled Person’s time in return for a fee payable by the Customer per hour of Service supplied by Davtec Electrical at the rate specified in the Proposal.
4.3 All components, materials and third party services used by Davtec Electrical in supplying time and the Customer shall pay for materials services to Davtec Electrical at the rate of Davtec Electricals’ purchase cost plus a commission.
- 5.1 The Customer shall reimburse Davtec Electrical for all additional expenses incurred by Davtec Electrical as a consequence of supplying Goods and/or Services outside the Perth Metropolitan Area. Such expenses shall include but are not limited to travelling, accommodation, meals, drinks, laundry, communications, delivery and transportation expenses
5.2 Cancellation Fee – In the event of a job not being required it is imperative that the customer should telephone the office before the Electrician is in route, and verbally cancel the call out. If this is not done a standard cancellation fee will be charged; this being the call out fee as stated by the office administrator. This cancellation fee applies to emergency after hours call outs and weekly day to day call outs.
- All delivery and completion dates quoted by Davtec Electrical shall be Estimates only.
- 7.1 Acceptance of Goods and/or Services shall occur as follows: where Davtec Electrical is to supply Goods only without Installation Service, Acceptance of the Goods shall be deemed to occur when the goods have passed from Davtec Electrical to the Customer or its agent and then seven (7) consecutive days have elapsed in which no valid Fault Report on the Goods has been received by Davtec Electrical.
7.2 Except as otherwise specified below, where Davtec Electrical is to supply Goods in conjunction with an Installation Service for the Goods, Acceptance of the Goods and installation Service shall occur when Installation of the Goods is completed and then seven (7) consecutive days have elapsed in which no valid Fault Report on the Goods or Installation Service has been received by Davtec Electrical.
7.3 Acceptance of Services other than services for Installation of Goods also supplied by Davtec Electrical shall occur after the elapse of seven (7)
consecutive days in which no valid Fault Report on the Service supplied by Davtec Electrical is received by Davtec Electrical.
7.4 Notwithstanding the above Terms, in the event Goods are lost or damaged after the risk of loss or damage has passed to the Customer but before Acceptance has occurred by way of one of the above Terms, Acceptance of the Goods shall be deemed to have occurred prior to the time of the loss or damage.
- Davtec Electrical warrants that standard manufacturers’ warranties remain in effect unless either through the installation or by some act of the Customer on its behalf the manufacturer’s warranty is voided.
- These Terms require the Customer to make Fault Reports to Davtec Electrical in certain circumstances. Fault Reports must refer to a Failure which actually occurred, be made to Davtec Electrical within seven (7) days of the occurrence of the failure, be given in accordance with the requirements for Notice and must contain: the name of the Customer, the identify of the Goods or Service in which the Failure has occurred, the date of occurrence of the Failure, documentary evidence of the Failure such as copies of screen displays or printed reports, a description of the events leading up to the Failure. Fault Reports not made in accordance with this Term may be disregarded by Davtec Electrical and will not delay Acceptance of any Goods and/or Services.
- Notwithstanding anything to the contrary, Davtec Electricals liability shall be ultimately limited in accordance with section 68 of the Trade Practices Act
1974 (Commonwealth of Australia) to, at Davtec Electricals discretion:
(a) In the case of Goods:
(i) The replacement of the Goods or the supply of equivalent Goods; (ii) The repair of the Goods; (iii) The payment of the cost of replacing the Goods or of acquiring equivalent Goods; or (iv) The payment of the cost of having the Goods repaired;
(b) In the case of Services:
(i) The supplying of the Services again; or (ii) The payment of the cost of having the Services supplied again.
So that to the greatest extent permitted by Law, Davtec Electrical shall not be liable for any special, indirect or consequential loss or damage whether caused by the negligence of Davtec Electrical or its agents or any of its servants howsoever caused.
- In the event the Customer fails to pay Davtec Electrical within seven (7) days of the issue of an invoice the Customer shall pay all credit agents’ fees and charged incurred by Davtec Electrical and additionally Davtec Electrical shall:
(a) Suspend or terminate the supply of further Goods and/or Services including Goods and/or Services required by the warranties in
(b) Issue Notice to the Customer demanding immediate payment or return of any Goods relating to the payment and within seven (7) days of receipt of such Notice the Customer shall either return to Davtec Electrical all Goods the property of Davtec Electrical, notwithstanding that the Goods may have been incorporated into some other product and/or may be necessary for the operation of the Customer’s business.
(c) Pursue and affect any other remedies, which may be available to Davtec Electrical to recover the debt, and it is agreed that all debt collection costs and legal fees will be deemed to be recoverable from the Customer.
(d) Davtec Electrical may lodge a caveat over the Customer’s interest in any real property which the Customer may have any interest now or in the future in order to secure the Customer’s obligations to effect payment of our invoice.
- 12.1 The title in all Goods supplied by Davtec Electrical shall be the sole and exclusive property of Davtec Electrical until such time as full payment for the Goods is received.
12.2 In instances where the Customer has on-sold Goods the property of Davtec Electrical to a third party, the proceeds of such sale shall be held in trust by the Customer for Davtec Electrical until such time as the title in the Goods is expressly relinquished by Davtec Electrical.
- Both the Customer and Davtec Electrical may, should the other party become insolvent, without prejudice to any other legal remedies available to the party, immediately Terminate any Contract ensuing from these Terms by Notice to the other party. For the purpose of this Term, insolvent shall mean “not able to pay all its debts as and when they become due” and shall carry the same interpretation as that phrase in section 95A (2) of the Corporations Act 2001.
- Any Notice required to be given under these Terms shall be duly given when:
(a) Passed to an agent of the party where such agent has acknowledged receipt of the Notice in writing; or Sent by email to the
- Guarantor Clause
(a) In the event that the Customer is a company either incorporated in Australia or overseas (“Company”), such entity is required under this STT to provide a personal Guarantee by assuming the role of guarantor to this STT (“Guarantor”) The Guarantor hereby acknowledges
(b) that it is a condition of the Customer entering into this STT that the Guarantor gives the guarantee as set out in this clause 15 and that the Guarantor has received valuable consideration.
(c) The Guarantor unconditionally and irrevocably guarantees to Davtec Electrical the due and punctual payment by the Customer of payments due to Davtec Electrical. As a separate undertaking the Guarantor indemnifies Davtec Electrical against all liability or loss and any costs incurred by Davtec Electrical in
(d) respect of any breach or non-performance by the Customer of any of the Customer’s obligations hereunder.
(e) It is agreed between the Guarantor and Davtec Electrical that the guarantee in (b) and indemnity in (c) are principal obligations and shall not be treated as ancillary to or collateral with any other obligation howsoever created and are in addition to and not in substitution for any other guarantee which the Customer may hold.
(f) This guarantee and indemnity may be enforced against any Guarantor without first having recourse to any security or guarantee or taking any other steps or proceeding against the Customer or any other Guarantor and the Guarantor waives any right it has to require otherwise.
- Any modification to these Terms shall not be binding or effective unless agreed to in writing signed by a director of Davtec Electrical.
- These Terms and any Contract ensuing from them shall be governed and construed in accordance with the law in force in the State of Western