Introduction to Us and our Services
Thank you for using 25/8 Electrical for your owned property or properties ("Property").
Please read these terms ("Terms") including the Schedule carefully as they apply to our provision to you of our safety and compliance services, including smoke alarm and electrical safety and compliance services, the Additional Works and, where applicable, other services that we provide from time to time at your Property (each a "Service", collectively "Services"). Each Service is provided on specific terms and conditions relevant to that Service ("Service Terms") as set out in the Schedule. To the extent of any inconsistency between these Terms and any Service Terms, these Terms prevail. By accepting any or part of our Services you acknowledge and agree to be bound by these Terms.
You acknowledge that these Terms may be modified by us from time to time, including but not limited to terms relating to fees and charges, cancellation and modifying the Services your Enrolled Property receives. You will be notified of any changes to these Terms by us.
Please also review our privacy policy to learn more about how we use information we procure in the provision of the Services, noting that you will be taken to be bound by our privacy policy upon the entry into of these Terms, and you consent to the collection, use and disclosure of your 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)) being treated by us in accordance with that policy.
In these Terms (and where the context permits), the singular includes the plural and vice versa, and a reference to:
- "Additional Electrical Services" means, in respect of an Enrolled Property that is enrolled in the electrical safety and compliance service, additional services offered by us to you, or requested by you and agreed to by us relating to the electrical safety and compliance at the Enrolled Property.
- "Additional Works" means Additional Electrical Services.
- "Agent" means your duly appointed agent for the management of your property at the Commencement Date.
- "Australian Consumer Law" means the consumer legislation set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- "Callout" means travel to a Property for the purposes of carrying out Additional Works, and includes the first 15 minutes of labour, as described in Schedule 4.
- "Commencement Date" means, for each Service, the date a Service begins for an Enrolled Property, and for a Safer Home Plan, the date the subscription commences, as notified to you in writing from time to time.
- "25/8 Electrical" means each of our Related Entities incorporated from time to time shall be referred to collectively as "25/8 Electrical", "we", "us", or "our".
- "Enrolled Property" means a property that is enrolled to receive a Service or Services from us.
- “Excluded Property” means, in respect of a Service, a property that:
- is not a domestic residential dwelling;
- is not a property type ordinarily serviced by us, as determined by us from time to time and notified to you;
- is not enrolled in the Service by act or omission of your Agent or by you;
- during the Term, begins to be managed by an agent other than the Agent; or
- has had the Service suspended or otherwise terminated by you, by your Agent or by us.
- "Law" means any statute, regulations, instruments and by-laws and all other subordinate legislation or orders made by any authority with jurisdiction over the Services, including without limitation Australian Consumer Law.
- "property" includes both a rental property and an owner-occupied property, and includes all synonyms for property, including but not limited to flat, apartment, premises, residence etc.
- "Quotation" means an offer to complete Additional Works by us at your Property for an agreed price on specific terms and conditions attaching to the Quotation.
- "Related Entities" is given its meaning in the Corporations Act 2001 (Cth) and includes but is not necessarily limited to 25/8 Electrical Pty Ltd ABN 70 664 290 822
- "Term" means the period from the Commencement Date until the Termination Date.
- "Termination Date" means the date upon which the Services are terminated in accordance with these Terms.
- "you" (or similar personal pronoun) is a reference to the property owner of the Enrolled Property.
The Services
Your property is an Enrolled Property and will receive the Services during the Term in return for payment of the Fees.
Fees and Payment
The fees payable by you will be based on the Services the Enrolled Property is enrolled in and will be notified to you by us or by your Agent at enrolment, together with these Terms.
You authorise your Agent to pay us on your behalf in respect of any Fees due.
Where your Property is enrolled in one or more individual Services or in respect of certain Additional Works, Fees will be payable within thirty (30) days of the invoice date without set off or deduction.
You acknowledge that we may adjust the Fees from time to time, but only with prior notice to you.
Suspension and Termination
You may choose to terminate the Services in respect of the Enrolled Property at any time by providing us with written notice. Upon termination, the property will cease to be an Enrolled Property and will automatically become an Excluded Property.
Notwithstanding anything else in these Terms and to the maximum extent permitted by Law, we shall immediately suspend your Services where any of the following occurs:
- an invoice in respect of one or more of your properties remains unpaid after the specified due date;
- you or your Agent breach any of these Terms;
- you or your Agent fail to provide us with all necessary information for us to effectively and efficiently supply the Services, and any products or materials, including without limitation notifying us of any changes to the information already provided to us;
- your instructions, information, documentation, approvals, or authorisations have not been provided to us in accordance with these Terms, either by you or the Agent;
- you or your Agent do not provide us with access to your property, including relevant contact details of any tenant residing at your property, keys or right of access;
- you or your Agent or your tenant advise us that we may not enter the Property due to health concerns; and/or
- you have not taken steps in accordance with our professional advice and recommendations to ensure that your plant and equipment tested and maintained by us pursuant to these Terms are compliant.
Should we suspend the Services pursuant to these Terms, we may terminate these Terms by written notice to you or your Agent.
Following Suspension or Termination
Upon the suspension or termination of the Services for any reason, your property is no longer eligible to receive the Services and is automatically deemed to be an Excluded Property, and you acknowledge and agree to the following:
- we shall be entitled to recover from you any Fees accrued with respect to the provision of the Services to you that remain unpaid as at the date of termination and such fees will become immediately payable;
- we accept no risk regarding your compliance obligations at Law or the installation, repair or ongoing maintenance of the items of plant or equipment that we are required to ordinarily test and/or maintain as part of the Services ("Serviced Equipment"); and
- you immediately assume and accept all risks at Law associated with the Serviced Equipment and your compliance obligations at Law.
In the event that these Terms are terminated by your Agent because your property is no longer managed by your Agent, then you agree and undertake to indemnify your Agent for any fees payable to us.
Refund Policy
Where you request the cancellation or termination of a Safer Home plan, you agree to be bound by our Refund Policy.
Restrictions and Exclusions
The extent of our obligations with respect of the Services is to ensure they are:
- provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
- fit for the purpose or give the results that you had agreed to; and
- be delivered within a reasonable time when there is no agreed end date,
(collectively, "Statutory Warranties").
We are liable to you for:
- any damage to your property which has been caused by the fault, negligence or fraud by us or our personnel during the conduct of the Services; and
- death or personal injury caused by us or our personnel; If you have contributed to any loss or damage you are claiming against us, our liability is reduced to the extent of your contribution.
If you have contributed to any loss or damage you are claiming against us, our liability is reduced to the extent of your contribution.
(collectively, "Our Agreed Liabilities").
Subject to your rights under Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited by us, you acknowledge and agree as follows:
- we do not give any warranty nor accept any liability in relation to the performance or non-performance of the Services outside of the Statutory Warranties or Our Agreed Liabilities, and if any warranty would be implied by law, custom or otherwise, that warranty is excluded to the fullest extent permitted by law;
- we are only liable to you for those Services which you or your Agent have validly enrolled in pursuant to these Terms and we disclaim all liability or responsibility for Services in which you or your Agent have failed or neglected to validly enrol;
- we disclaim all liability for all indirect or consequential losses, loss of profits, loss of business, loss of revenue, loss of data or the poor performance or non-performance of our systems, loss of use or value of equipment, loss of anticipated earnings or savings, in connection with: (A) the provision of the Services; or (B) your use of or reliance upon any of the information provided by us to you in carrying out the Services that does not form part of these Terms; and
- we will provide the Services within a 'reasonable time frame', having regard to the uptake and demand for the provision of the Services. You acknowledge and agree that the provision of dates by which Services will be provided is done on a best endeavours basis and nothing in these Terms is to be treated as a guarantee by us that we will provide any Services by any fixed date or time.
To the maximum extent permitted by Law, we will not be liable or deemed to be in default for any:
- act or failure by us to act with respect to an Excluded Property, including the failure by us to provide Services with respect to such Excluded Property. On and from the date your property is deemed to be an Excluded Property, you agree to indemnify us for any claim, cost, action, liabilities, expense, loss or damage (including legal costs on a full indemnity basis) howsoever or wheresoever arising that we may suffer or incur including (without limitation) for (a) the injury or death of any person; or (b) damage to real or personal property; and
- delay or failure in performance or interruption of the delivery of the Services that may result directly or indirectly from any cause or circumstance beyond our reasonable control. This may include (without limitation) events such as the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Limiting your Liability
You will not be liable to us for any indirect or consequential losses that we suffer as a result of a breach by you of these Terms.
Survival, Governing Law and Assignment
Those obligations under the subparagraph titled "Following Suspension or Termination", the paragraph titled "Restrictions and Exclusions", this paragraph and any other indemnities provided under these Terms survive the termination or expiry of these Terms.
The Terms and Service Terms are governed by the laws of the state and territory in which your property is located. If part of these Terms and/or Services Terms is not legally enforceable, that part will be cut from these Terms and/or Services Terms and all other parts of these Terms and/or Services Terms shall continue.
You may transfer or assign your rights under these Terms (where those rights are assignable). We may transfer or assign some or all of our rights and/or obligations under these Terms and Services Terms.
Contact us
Postal: 9/26-28 Christensen Street, Cheltenham, 3192.
Phone: 0466 382 487
Email: 258electrical@Gmail.com
Legal Advice
You agree that any information, advice or material we provide to you in the supply of Services by us is for guidance purposes only and does not constitute legal advice. You are responsible for obtaining your own legal advice with respect to any such information, including any obligations at Law that you may have with respect to the Serviced Equipment.
These Terms were last updated on 11 August 2023
Schedule: Service Terms
- Smoke Alarm Safety & Compliance Service
- Electrical Safety & Compliance Service
- Callouts and Additional Works Pricing & Inclusions
Smoke Alarm Services & Compliance Services Your obligations under the Law
This Schedule includes the Service Terms for the annual Smoke Alarm Safety & Compliance Service ("Scheduled Smoke Alarm Service") and the Guarantee Services (collectively, "Smoke Alarm Services").
The Service Fee for each Scheduled Smoke Alarm Service is $99 (plus GST).
Reference to "Smoke Alarm" means collectively, any or all of the following:
- A smoke alarm or detector that is detachable, portable, battery powered smoke alarms ("Wireless Smoke Alarm");
- A smoke alarm or detector that is 240v mains powered and is hard wired to the mains ("Wired Smoke Alarm");
- A smoke alarm or detector that is linked to a security system or fire indication panel ("FIP Linked Smoke Alarm"); and
- A smoke alarm or detector that is able to be interconnected with other smoke alarms or detectors at a property ("Interconnected Smoke Alarm").
Scheduled Smoke Alarm Service
For each Property that is enrolled in the Smoke Alarm Services (and is not an Excluded Property), we will (subject to fulfilment of your obligations under the Terms) ensure that a Scheduled Smoke Alarm Service is carried out at least annually, which shall include (but is not necessarily limited to):
- Conducting an annual maintenance check on each Smoke Alarm, which includes cleaning, running smoke and button tests and checking status relative to each Smoke Alarm's expiry period;
- Conducting an annual Smoke Alarm battery check for all Smoke Alarms at a Property;
- Assessing positioning and functionality of each Smoke Alarm as against requirements at Law and identification of any installed Smoke Alarm that is excess to such requirements ('Excess Smoke Alarm');
- Replacing or rectifying non-compliant, faulty or expired Smoke Alarms (expressly excluding Interconnected Smoke Alarms, Excess Smoke Alarms and Low Voltage Smoke Alarms linked to a fire indication panel).
In some circumstances, replacing a Wired Smoke Alarm may require a qualified electrician to attend the property. Where this is required, a qualified electrician will be booked to attend to install a replacement at no additional cost to you. Where the Wired Smoke Alarm is non-compliant or faulty, a temporary Wireless Smoke Alarm will be installed close to the position of the faulty Wired Smoke Alarm pending the electrician attendance. In some circumstances, due to its build date, a property may require interconnection of its Smoke Alarms where there are multiple Smoke Alarms at the property. Where the smoke alarms at a property are Interconnected Smoke Alarms, in the event of them being faulty or expired, we will provide a quote for a replacement. Where the property requires an Interconnected Smoke Alarm or Alarms to be installed for the first time, or in place of non-Interconnected Alarms, we will provide a quotation for that installation; and - Creating a report in respect of each Smoke Alarm Service and maintaining a database with date/location stamps of all Smoke Alarms (in accordance with our Privacy Policy). In the event of an incident at a property, digital records are available as an audit trail of the Smoke Alarm Services provided.
Smoke Alarm Guarantee Services
For each Property that has received the Annual Service (and is not an Excluded Property), call out and rectification costs for all Smoke Alarms (excluding Interconnected Alarms, Excess Smoke Alarms and FIP Linked Smoke Alarms) ("Guarantee Services") will be provided at no charge to the Owner for 12 months following each Scheduled Smoke Alarm Service ("Service Guarantee") provided by us. For the sake of clarity, if a Property is or becomes an Excluded Property in respect of the Smoke Alarm Services for any reason, the Service Guarantee is void from that date.
Relocating & Replacing Smoke Alarms
To be compliant with the Law, there are requirements in relation to the positioning of Smoke Alarms in your property. Please note when a Smoke Alarm is relocated or replaced, there may be residual damage either from the original installation or resulting from the relocation or replacement of the Smoke Alarm. Our technicians are not professional painters/plasterers but will make reasonable efforts to avoid causing further damage. Damage that may have been caused by the original installation or from the relocation or replacement can vary due to the type of original Smoke Alarm installed, the size of the cable hole and existing paint coverage and there may be discolouration from the original Smoke Alarm location or from plastering. Where you require repair, a quote for a professional plasterer/painter can be provided upon request. Any such work would be at your own additional cost.
Smoke Alarm Services - Exclusions
In some circumstances, the carrying out of the Smoke Alarm Service may uncover the need for asbestos removal by a specialist contractor. Where this is required, costs involved in that asbestos removal are expressly excluded from our services and will be at your own additional cost.
3. Electrical Safety & Compliance Service
This Schedule includes the Service Terms for the biennial (every 2 years) Electrical Safety & Compliance Service ("Scheduled Electrical Service") and the Additional Electrical Services (collectively, "Electrical Services").
The Service Fee for each Scheduled Electrical Service is $249 (plus GST).
Additional Electrical Services are charged in accordance with a Quotation or, where no Quotation is provided, in accordance with Schedule 4 (Additional Works).
Reference to Electrical Appliance means an electrical appliance supplied by you at the property and expressly excludes solar installations and any
appliance supplied by a tenant residing at your property, and includes (but may not be limited to):
- Electric Oven
- Electric Heaters
- Electric Hot Plates
- Electric Air-Conditioners
- Electric Hot Water Units
- Dishwashers
- Electric Range Hoods
(collectively "Electrical Appliances")
Scheduled Electrical Service
For each Property that is enrolled in the Electrical Service (and is not an Excluded Property), we will (subject to fulfilment of your obligations under the Terms) ensure that a Scheduled Electrical Service is carried out at least once every two years, which shall include (but is not necessarily limited to):
- An electrical safety & compliance check in respect of all accessible electrical installations, electrical fittings and all Electrical Appliances at least every 2 years delivered by or under the supervision of a qualified electrician;
- A digital Electrical Safety & Compliance Report issued after each Electrical Safety & Compliance Service is completed;
- A thorough switchboard inspection including a condition and safety check, insulation resistance test and RCD/safety switch test;
- All accessible power points checked including earth loop and polarity tests; and
- Safety check of the Electrical Appliances at the Property including assessing damage to plugs, leads and casings.
Additional Electrical Services
In addition to the Scheduled Electrical Service, you may request directly or via your Agent that we provide Additional Electrical Services at your Property.
Additional Electrical Services at your Property may be provided as follows:
- Where you or your Agent approve a Quotation for Additional Electrical Services, in accordance with the Quotation; or
- Where you or your Agent validly submit an Urgent Job Request, in accordance with Schedule 4 (Additional Works).
Electrical Services - Exclusions
In some circumstances, the carrying out of the Electrical Service may uncover the need for asbestos removal by a specialist contractor. Where this is required, costs involved in that asbestos removal is expressly excluded from our services and will be at your own additional cost.
Any electrical installation, fitting or Electrical Appliance that is inaccessible will be excluded from the Scheduled Electrical Service. Inaccessible in these Service Terms includes where an electrical installation, fitting or Electrical Appliance is unable to be reached due to circumstances beyond 25/8 Elecgrical’s control. Circumstances may be temporary or permanent, and could include (but are not limited to) where the electrical installation, fitting or Electrical Appliance is:
- Positioned under the house, in the roof, on the roof or obscured by items that cannot be moved due to weight, risk of damage to floor or surfaces, hard wired (eg ovens);
- Situated above a safe operating height; and/or
- In an area that a renter refuses to provide access or safe access to: Where the electrical installation, fitting or Electrical Appliance is deemed inaccessible, we will notify you. Any additional costs required to gain access are expressly excluded and will be at your own additional cost. We may offer a solution via a Quote, but we are under no obligation to do so.
4. Additional Works
This Schedule includes the pricing for the Additional Works, being the Additional Electrical Services.
For each Property that is enrolled for Additional Works (and is not an Excluded Property), we will (subject to fulfilment of your obligations under the Terms) ensure that the Additional Works are done in accordance with the pricing set out below:
Time, Materials (Pay as you go) Call out fee during service operating hours (7am-5pm Business Days) – Includes first 15 minutes labour. $125 + GST.
Hourly Rate – Electrician $130 + GST per hour. (Charged in 30 minute blocks, not including materials.) Works conducted outside of standard hours will be charged at +50% during extended hours. (After 5pm-10pm Weekdays, weekends & public holidays)
Smoke alarms
All non battery replacements will be charged. When on site 240v+9v backup replacement is recommended, it will be charged out at $90 + GST per smoke alarm replaced + COES.
Separate installation (ie. Callout service works, will incur a quoted installation cost at an agreed date and time.)
Please note, where a Quotation is provided, this pricing does not apply. Please also note that in some circumstances, rectification may require the services of third parties that would need to be arranged and paid for by you and such services are not covered by this pricing.
Inclusions in our standard electrical check include the following:
- Standard light switches (1-4 Gang)
- Standard Architrave Switches (1-2 Gang)
- Standard 10A Switch Mechanism
- Standard Power-points – Single Power Point
- Standard Double Power Point
- Standard Double Power Point with 10A appliance Switch
- Standard Switchboard Items
- Standard 40a Safety Switches
- Standard 10-32A Circuit Breakers
- Standard Combination Circuit Breakers / Safety switches (RCBO) 10-32A