Sirkis Electrical & Airconditioning Services Pty Ltd trading as LocalPro Electrical ABN 30 560 049 512 (“Company” or “we”) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it? Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained either via you completing your information on our website https://localproelectrical.com.au/ (“Website”) or us obtaining it via email or telephone when you wish to engage in purchasing any of our goods or services listed on the Website and from third parties. We do not guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained;
- For a secondary purpose that is directly related to the primary purpose;
- With your consent; or
- Where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including to third parties where you consent to the use or disclosure or where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be
kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
The Company will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our Website.
1800 747 547
All content provided on this website is for information purposes only without any exception and is provided on the basis that all persons accessing this website undertake responsibility for assessing the relevance and accuracy of its content. No representation or claim is made or warranty given as to the accuracy, reliability, completeness, timeliness or authenticity of the content of this website. Sirkis Electrical & Airconditioning Services Pty Ltd trading as LocalPro Electrical ABN 30 560 049 512 (“Company”), including its directors, affiliates, employees and contractors, does not accept any liability to any person for the contents, information or advice (or the use of such information or advice) which is provided on this website or incorporated into it by reference or for any loss, damage or other injury resulting from the use of the website, including unknowingly downloading any viruses or defects from the website. The purpose of the website is to provide information about the products and services of the Company.
There are pages on this website which contain links to other websites or information about other websites (“Linked Websites”). The Company makes no representation, claims or statements as to the suitability, completeness, accuracy or authenticity of the information contained in a Linked Website. The Company does not accept any liability to any person for the information or advice (or the use of such information or advice) which is provided within a Linked Website or incorporated into it by reference. The Company does not endorse any product and/or service advertised on any Linked Website. The links to the Linked Websites have been created on the basis that persons accessing the Linked Website undertake responsibility for the relevance and accuracy of its content, and are advised to verify all relevant representations, statements or information and obtain independent advice before acting on any information contained in or in connection with any Linked Website.
The laws of the State of Victoria, Australia govern the use and interpretation of content communicated and it is a condition of use of this website that all users submit to the exclusive jurisdiction of the courts of the State of Victoria and/or the Federal Court of Australia.
TERMS AND CONDITIONS – WEBSITE AND SALE OF GOODS AND SERVICES
In these Terms:
"ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended from time to time;
"Agreement" means any agreement for the provision of Goods or Services by the Company to the Customer;
“Business Day” means Monday - Friday excluding public holidays in Melbourne, Victoria;
"consumer" is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if Customer is a consumer under the Agreement;
"Company" means Sirkis Electrical & Airconditioning Services Pty Ltd trading as LocalPro Electrical ABN 30 560 049 512;
"Customer" means the person or corporate entity, jointly and severally if more than one, acquiring Goods and / or Services from the Company;
“Customer Premises” means the premises of the Customer specified by the Customer in the order for the delivery of the Goods or the provision of the Services;
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific or artistic fields;
"Goods" means all goods supplied by the Company or its related entity to the Customer, including but not limited goods related to heating and cooling and solar panels;
"GST" means the goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
"PPSA" means the Personal Property Securities Act 2009 as amended;
“Price” means the price for the Goods and the Services to be provided by the Company to the Customer pursuant to the agreed Quote or as otherwise agreed over the telephone;
"Quote" means any quote or proposal provided by the Company to the Customer, whether verbal or written;
“Services” means the services provided by the Company, including but not limited to electrical services, heating and cooling and solar power installation services and any other services provided by the Company;
"Terms" means these Terms and Conditions – Website and Sale of Goods and Services; and
“Website” means https://www.localproelectrical.com.au.
- Unless otherwise agreed by the Company in writing, the Terms apply exclusively to every Quote and Invoice of the Company and all Goods and Services provided by the Company and cannot be varied or replaced by any other terms, including the Customer’s terms and conditions of purchase (if any).
- Please read these Terms carefully before accessing or using the Website or accepting a Quote or engaging the Company online, over the telephone or via email. By visiting, accessing or using any part of the Website and/or or accepting a Quote or engaging the Company in any other way, each Customer agrees to be bound by these Terms. If the Customer does not agree to all of the Terms, then such Customer may not access the Website or purchase any Goods or Services from the Company. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
- An agreement is accepted by the Company when the Customer accepts a Quote from the Company or engages the Company for the provision of Goods and/or Services in any other way.
- Any changes to the Quote must be received by the Company from the Customer within 24 hours of the placement of the original order.
- The Company has an absolute discretion to refuse to accept any order from the Customer in regards to any Goods or Services.
- The Company may vary or amend these Terms by publishing the amended version online at any time. Any variations or amendments will apply to orders placed and Quotes issued after the notice date.
- Prior to accepting quoation
- Before signing or accepting the Quote verbally or in writing, the Customer must ensure that the Customer has provided to the Company the correct details in relation to the Goods to be supplied or Services to be provided.
- If any of the above-mentioned are not in place as specified, the Company can, in its absolute discretion:
- Refuse supply of any Goods or Services; or
- Charge the Customer for any changes that are required to be made to the Goods or the Services as a result of the Customer’s non-compliance with clause 3.1 above.
- SUPPLY OF GOODS AND SERVICES
- All goods are supplied and services provided as per specifications in the Quote.
- The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the information provided or sold or any part of the Website without express written permission provided by the Company.
- The Company does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on the Website ("Information") or that it is suitable for the Customer’s intended use. The Information is provided by the Company in good faith on an "as is" basis without warranty of any kind.
- The Company does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Website and the Information is at the Customer’s own risk.
- The Company makes no warranties, guarantees or representations that the material in this Website will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information downloaded.
- All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Website or the Information is expressly excluded to the maximum extent permitted by law.
- The publication of the Company's email addresses on the Website is to facilitate communications relating to the Goods and Services supplied by the Company. It must not be inferred as consent by the Company to receive unsolicited commercial electronic messages.
- The Website may contain cookies.
- Prices quoted for the supply of Goods and Services include GST and any other taxes or duties imposed on or in relation to the Goods.
- Prices indicated in the Quote are based upon specifications and requests by the Customer. Should the specification or the Customer’s request change, the Company reserves the right to vary the Quote and the price. If the Customer requests any variation to the Quote the Company may increase the price to account for the variation.
- Where there is any change in the costs incurred by the Company in relation to the Goods or the Services, the Company may vary its price to take account of any such change, by notifying the Customer.
- If any of the above-mentioned are not in place as specified, the Supplier can, in its absolute discretion:
- Refuse supply of any goods; or
- Charge the customer for any changes that are required to be made to the goods as a result of the Customer’s non-compliance with clause 3.1 above,
- All goods are supplied and services provided as per specifications in the Quote.
- When the Customer request a Quote from the Supplier, the Supplier will provide the Quote for the total costs of Goods and Services and once the Quote has been accepted by the Customer, these Terms will apply.
- For any orders of Goods or Services over $1,000, a 10% deposit must be paid upon acceptance of Quote by the Customer, with the remainder payable upon provision of Goods or completion of the provision of Services..
- Unless otherwise agreed in writing:
- All payments can be made using Visa, MasterCard, cash and bank transfer.
- No AMEX or other types of credit cards apart from those listed in clause 8.3 are accepted.
- Payment terms may be revoked or amended at the Supplier’s sole discretion immediately upon giving the Customer written notice.
- The time for payment is of the essence and all invoices should be paid on or before the due date.
- Payment terms may be revoked or amended at the Company’s sole discretion immediately upon giving the Customer written notice.
- If the Customer defaults in payment by the due date of any amount payable to the Company, then all money which would become payable by the Customer to the Company at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and the Company may, without prejudice to any of its other accrued or contingent right:
- charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until the date of payment in full;
- charge the Customer for, and the Customer must indemnify the Company from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover any Goods;
- cease or suspend supply of any further Goods or Services to the Customer; and
- by written notice to the Customer, terminate any uncompleted contract or agreement with the Customer.
- Clauses 9.1(c) and 9.1(d) may also be relied upon, at the Company’s option, where the Customer is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally or where the Customer is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
- Until the Company receives full payment in cleared funds for all Goods and Services supplied by it to the Customer, as well as all other amounts owing to the Company by the Customer:
- title and property in all Goods remain vested in the Company and do not pass to the Customer;
- the Customer must hold the Goods as fiduciary bailee and agent for the Company, and must keep the Goods separate from its Goods and maintain the Company’s labelling and packaging;
- in addition to the rights under the PPSA, the Company may without notice, enter any premises where it suspects the Goods are and remove them, notwithstanding that they may have been attached to other Goods not the property of the Company, and for this purpose the Customer irrevocably licences the Company to enter such premises and also indemnifies the Company from and against all costs, claims, demands or actions by any party arising from such action.
- If the Company is unable to deliver or provide the Goods or the Services, then the Company may cancel the Customer's order (even if it has been accepted) by notice to the Customer (written or verbal).
- No purported cancellation or suspension of an order or any part of it by the Customer is binding on the Company once the Quote has been accepted.
- Subject to clause 12.2 and 12.5, the Company will not be liable for any shortages, damage or non-compliance with the specifications in the Terms unless the Customer notifies the Company with full details and description within 24 hours of receipt of the Goods otherwise the Customer is deemed to have accepted the Goods.
- When any shortages, claim for damaged Goods or non-compliance with the Agreement specifications is accepted by the Company, the Company may, at its sole discretion, replace the Goods, or refund the price of the Goods.
- The Company will not under any circumstances accept Goods for return that have been specifically produced, imported or acquired to fulfil the Agreement, are discontinued Goods or no longer stocked by the Company, have been altered in any way, have been used or are not in their original condition and packaging.
- If the Customer is a consumer, nothing in this clause 10 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
- Any period or date for delivery of Goods stated by the Company is an estimate only and not a contractual commitment.
- The Company will use reasonable endeavours to meet any estimated dates for delivery of the Goods but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
- The Company's delivery records will be prima facie proof of delivery of the Goods to the Customer.
- Subject to clause 14.6, the Company will arrange for the delivery of the Goods to and provision of the Services at the Customer Premises.
- The cost of delivery of Goods, if any, will be as listed in the Quote
- The Company may make part delivery of Goods or part provision of the Services and the Company may invoice the Customer for the Goods and Services provided.
- The Customer indemnifies the Company against any loss or damage suffered by the Company, its sub-contractors or employees as a result of delivery, except where the Customer is a consumer and the Company has not used due care and skill.
- Delivery is deemed to have taken place once the Goods have been left at the Customer Premises or a confirmation has been entered into the Company’s system, or a delivery docket is signed by the Customer, whichever is the earlier. If delivery is attempted and is unable to be completed, the Customer is deemed to have taken delivery of the Goods. The Customer is liable for any re-delivery charges if the Goods are returned to the Company payable on demand.
- If there has been a non-delivery in relation to the Goods ordered, the Customer must notify the Company within 7 days of such non-delivery.
- If the delivery is delayed due to a Force Majeure or third party being unable to dispatch the Goods, the Customer acknowledges and agrees that the Company may either part deliver the Goods with the rest of the Goods or full delivery occurring within six (6) months from the date of the order of the Customer.
- The Company will not accept return of Goods once these have been sourced and provided to the Customer, unless the goods are of not merchantable quality.
- No refunds will be given when the Customer provided wrong dimensions or details for any of the Goods purchased.
- Subject to ACL, no refunds will be given in regards to sale items or change of mind.
- CREDIT INFORMATION AND PRIVACY
- The Customer acknowledges that certain items of information it provided to the Company may be disclosed to a credit reporting agency.
- By using the Website to complete an order for any of the Goods, the Customer authorises the Company to obtain consumer and/or commercial information permitted by the Privacy Act from a credit reporting agency and to use such information for the purpose of collecting overdue payments relating to commercial credit owed by the Customer. This authority remains in force for the duration of the Customer’s account with the Company and until all moneys owed have been repaid.
- Personal Property Securities Act
- Notwithstanding anything to the contrary contained in these Terms, the PPSA applies to these Terms.
- For the purposes of the PPSA:
- terms used in clause 157 that are defined in the PPSA have the same meaning as in the PPSA;
- these Terms are a security agreement and the Company has a Purchase Money Security Interest in all present and future Goods supplied by the Company to the Customer and the proceeds of the Goods;
- The security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Customer at any particular time; and
- the Customer must do whatever is necessary in order to give a valid security interest over the Goods which is able to be registered by the Company on the Personal Property Securities Register.
- The security interest arising under this clause 15 attaches to the Goods when the Goods are collected or dispatched from the Company's premises and not at any later time.
- Where permitted by the PPSA, the Customer waives any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.
- To the extent permitted by the PPSA, the Customer agrees that:
- the provisions of Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on the Company will apply only to the extent that they are mandatory or the Company agrees to their application in writing; and
- where the Company has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
- The Customer must immediately upon the Company's request:
- do all things and execute all documents necessary to give effect to the security interest created under this Agreement; and
- procure from any person considered by the Company to be relevant to its security position such agreements and waivers (including as equivalent to those above) as the Company may at any time require.
- The Company may allocate amounts received from the Customer in any manner the Company determines, including in any manner required to preserve any Purchase Money Security Interest it has in Goods supplied by the Company.
- The risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to the Customer immediately on the Goods being delivered to the Customer Premises.
- The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use, installation or possession of any of the Goods sold by the Company, unless recoverable from the Company on the failure of any statutory guarantee under the ACL.
- PRODUCT WARRANTY AND SERVICE
- The Customer acknowledges and agrees that the warranty for all Goods purchased from the Company will be the manufacturer’s warranty only and the Customer will be subject to the terms and conditions of the warranty of the relevant manufacturer of Goods.
- The Company will in no way be liable to any party for any injury (including personal injury), loss or damage arising out of or related to the use (or the inability to use) the Website or the Goods or the Services.
- Under no circumstances will the Company be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits as a result of use of the Goods or the use of the Services or use of the Website.
- Where liability cannot be excluded, any liability incurred by the Company is limited to the re-supply of the Goods or Services to the Customer or the Information on the Website or the reasonable costs of having the Information or the Goods re-supplied.
- Except as these Terms specifically state, or as contained in any express warranty provided by the Company, the agreement for the supply of the Goods by the Company to the Customer does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture or design of the Goods or any contractual remedy for their failure.
- If the Customer is a consumer, then nothing in these Terms restricts, limits or modifies the Customer's rights or remedies against the Company for failure of a statutory guarantee under the ACL.
- If the Customer on-supplies the Goods to a consumer (whether or not they are used up by the Customer in the course of manufacture):
- if the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of the Company’s liability to the Customer;
- otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of the Company’s liability to the Customer;
howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods by the Customer or any third party.
- If clause 20.5 or 20.6 do not apply, then other than as stated in the Terms or any written warranty statement the Company is not liable to the Customer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods by the Customer or any third party.
- The Company is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party in any way related to the Goods or their delivery or installation, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
- The Customer acknowledges that it has not relied on any advice, recommendation, information or assistance provided by the Company in relation to the Goods or the Services or their use or application and it has not made known, either expressly or by implication, to the Company, if applicable, any purpose for which it requires the Goods and it has the sole responsibility of satisfying itself that the Goods are suitable for the use of the Customer.
- Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods or supply of services which cannot be excluded, restricted or modified.
- The Customer warrants all the information, provided to the Company is complete and accurate.
- The Customer acknowledges and agrees that for all Goods supplied by the Company, with the warranty is provided by a third party manufacturer, any warranty claims must be made by the Customer directly with the manufacturer of such Goods.
- The Company is not liable in any way howsoever arising under the Terms to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, epidemic, import or export restrictions, floods, fires, earthquakes and other acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, the Company may suspend or part deliver any orders with the Customer and terminate any order by written notice to the Customer.
- Title and Intellectual Property Rights
- The Customer acknowledges and agrees that the Customer will not acquire any interest in the Intellectual Property, including the design of the Goods. The Customer further acknowledges that the use or duplication of the Intellectual Property, including any designs of the Goods, in any other way other than as approved and agreed to by the Company would constitute a breach of the Company’s Intellectual Property rights and would be a fundamental breach of these Terms.
- The Customer acknowledges and agrees that:
- the Company owns all the Intellectual Property, copyright, Website and all the contents of the Website;
- the Customer will not acquire any interest in the Intellectual Property, including the Website and any of its contents or Goods; and
- acknowledges and agrees that all content, coding, graphics, design, Goods and Information available on the Website are protected by copyright, trade mark or other Intellectual Property rights and laws and remains the property of the Company or third party Companys as the case may be.
- All trade marks and trade names which appear on the Website are proprietary to the Company and/or its affiliates. Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights. Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
- If you are a competitor of the Company and you create documents or Goods similar to those of the Company for the purpose of providing them to third parties, whether these third parties are business users or domestic users, the Company expressly excludes and does not permit you to use or access the Website, to use or download any documents or any information, including the Information, from the Website or any other source. If you breach our Intellectual Property rights by using our documents, Goods or the Information, you will be liable for any loss that the Company may incur. The Company will hold you accountable for all profits that you might make from using the Company’s Intellectual Property.
- The Company reserves the right to deny access to the Website, the Goods or the Information to any person or business.
- The Customer must:
- ensure that electrical wiring connection with any of the Goods supplied by the Company must be tested, tagged and verified by a professional in accordance with the requirements of the landlord of the premises occupied by the Customer; and
- ensure that the Customer complies with any food safety requirements which are imposed by the local council and the landlord of the premises occupied by the Customer.
- The laws of the State of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of the State of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
- The Company’s failure to enforce any of these Terms shall not be construed as a waiver of any of the Company’s rights.
- If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
- © Sirkis Electrical & Airconditioning Services Pty Ltd trading as LocalPro Electrical. All rights reserved.