Terms and Conditions

BrightPoint Electrical Services Terms and Conditions

1. DEFINITIONS

1.1. Agreement means these Terms and Conditions, the quotation, and all associated schedules and annexures. 1.2. Goods means all goods or materials supplied by the Contractor to the Client, as described in any invoice, quotation, work authorisation, or other documentation provided by the Contractor.

1.3. Loss includes any loss, cost, expense, damage, injury, death, or liability (including fines or penalties) whether direct, indirect, consequential, present, future, fixed, unascertained, actual, or contingent, and whether arising under this Agreement, in tort (including negligence), in equity, under statute, or otherwise. 1.4. Price means the total amount payable for the Goods and/or Services, as agreed between the Client and the Contractor in this Agreement or a written document between the parties. 1.5. Services means all services provided by the Contractor to the Client, including any related advice or recommendations (and, where applicable, the supply of Goods).

2. SUPPLY OF GOODS AND SERVICES

2.1. The Contractor shall supply the Goods and Services in a proper and workmanlike manner and ensure that they are fit for the purpose described in this Agreement.

2.2. If the Services include residential building works as defined under the Home Building Act 1989 (NSW) (HB Act), the Contractor warrants that the work will comply with the statutory requirements and warranties of the HB Act.

2.3. The Client agrees to pay the Contractor the Price in accordance with this Agreement.

3. TITLE AND RISK

3.1. Ownership of the Goods shall not pass to the Client until full payment is received and all obligations are fulfilled.

3.2. Risk in the Goods passes to the Client upon delivery, and the Contractor shall not be liable for any subsequent loss or damage.

4. PAYMENT TERMS

4.1. Payment of any required deposit is a condition precedent to the Contractor’s commencement of works.

4.2. The Contractor may issue tax invoices for Payment Claims as work progresses.

4.3. All Payment Claims must be paid within the timeframe stated on the invoice.

4.4. Variations must be paid for upon completion.

4.5. The Contractor is entitled to recover any delay costs caused by Client actions or events beyond the Contractor’s control.

4.6. The Client must not set off or deduct any amounts from the Price without written agreement.

4.7. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

5. VARIATIONS

5.1. The Contractor must notify the Client of any required variations within five (5) business days. 2 / 4

5.2. The notification must include: • a description of the variation; • the estimated costs; and • any extension of time required.

5.3. The Client must accept reasonable variations, including extensions of time and additional costs.

6. INDEMNITY AND LIMITATION OF LIABILITY

6.1. The Contractor indemnifies the Client against any Loss arising from: • breach of this Agreement by the Contractor; • personal injury or property damage caused by the Contractor; • claims by Contractor’s personnel related to entitlements.

6.2. The Client indemnifies the Contractor for any Loss arising from: • Client’s breach of this Agreement; • reliance on Client-supplied documents; • Client’s negligence or that of its contractors.

6.3. Warranties for Goods are limited to manufacturer warranties.

6.4. Any tampering by third parties voids warranties.

6.5. The Contractor shall not be liable for any damage caused by access beyond its reasonable control.

6.6. The Contractor is not liable for any indirect or consequential losses.

6.7. The Contractor’s maximum liability is limited to the Price payable under this Agreement.

6.8. No liability arises until all payments and variations are paid in full.

7. DEFAULT

7.1. If the Client fails to pay, the Client must reimburse the Contractor for all associated collection and legal costs.

7.2. The Contractor may suspend or terminate work if the Client breaches any obligation.

7.3. The Contractor may terminate immediately if: • money becomes overdue; • the Client becomes insolvent; or • a receiver or administrator is appointed over the Client’s assets.

8. INSURANCE

8.1. The Contractor will maintain: • Public Liability Insurance; and • Home Owners Warranty Insurance (where applicable under the HB Act and for works over $20,000).

9. TERMINATION

9.1. The Contractor may terminate this Agreement with ten (10) business days’ notice.

9.2. The Contractor may terminate with five (5) business days’ notice for non-payment.

9.3. The Client may terminate if the Contractor breaches and fails to rectify within ten (10) business days after notice.

9.4. On termination, the Contractor may claim for completed work, lost profit, and reasonable costs incurred in demobilisation. 9.5. If applicable under the HB Act, the Client may cancel this Agreement within five (5) business days of acceptance without penalty.

10. COMPLIANCE WITH LAWS

10.1. Both parties must comply with all applicable laws, regulations, and codes.

10.2. The Client must ensure that the site complies with all relevant workplace health and safety laws.

11. DISPUTE RESOLUTION

11.1. Disputes must first be negotiated in good faith within 14 days of arising. 3 / 4

11.2. If unresolved, disputes may be referred to a court of competent jurisdiction in New South Wales or by mutual agreement to arbitration.

11.3. Payment obligations must continue during any dispute.

12. GENERAL

12.1. If any provision is invalid, it does not affect the validity of the remaining terms.

12.2. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

12.3. The Contractor may assign or subcontract its rights and obligations without Client consent.

12.4. Neither party is liable for acts of God or events beyond reasonable control.

12.5. A failure by the Contractor to enforce any provision does not constitute a waiver

13. PROMOTIONS

13.1 From time to time, BrightPoint Electrical Services (“the Company”) may conduct promotional offers, competitions, giveaways, or raffles (“Promotions”) to encourage customer engagement. Participation in any Promotion is subject to these Terms and Conditions, together with any specific terms published in relation to that Promotion.

13.2 Promotions are open to residents of New South Wales aged 18 years or older, who are homeowners within the Company’s service area, unless otherwise stated. Employees, contractors, and immediate family members of the Company are not eligible to participate.

13.3 Ceiling Fan Giveaway:

(a) The prize is one (1) ceiling fan replacement, either: (i) supply and install of a ceiling fan up to a maximum retail value of AUD $300 (including GST), or (ii) installation only where the winner supplies their own fan.
(b) The prize applies only to a like-for-like replacement of an existing ceiling fan at a standard ceiling height (2.4–2.7 metres).
(c) The prize does not cover new installations where no existing ceiling fan is present.
(d) The prize does not include structural works (including but not limited to bracing, ceiling patching, or painting).
(e) The prize does not include remedial works, cabling issues, or compliance upgrades. Any such works identified at the time of installation will be separately quoted and charged to the winner.
(f) Entry is limited to one (1) entry per contestant. Additional entries will only be permitted if expressly authorised by the Company under specific promotional terms (e.g., bonus entry for booking a service).
(g) The prize is not transferable, exchangeable, or redeemable for cash.
(h) The winner will be drawn at random on [30/11/2025] at the Company’s registered office and will be notified by phone within two (2) business days. The winner’s name and suburb may be published on the Company’s website and social media channels. The prize must be claimed by [30/01/2026].

13.4 Brightpoint Electrical Services reserves the right to vary, suspend, or cancel any Promotion at its discretion, where circumstances require, without prior notice.

13.5 By entering any Promotion, participants consent to the Company collecting, storing, and using their personal information for the purposes of administering the Promotion and contacting participants in relation to the Promotion.

13.6 Full terms for each Promotion will be made available via the Company’s website or other designated link.

13.7 Fridge Magnet and Flyer Discounts

13.7 BrightPoint Electrical Services (“the Company”) may from time to time issue promotional discounts via fridge magnets, flyers, or similar printed materials. These discounts may appear as either pre-printed offers or handwritten amounts applied by the Company. All such discounts are subject to the following terms and conditions.

13.8 Eligibility and Use

(a) Discounts may only be redeemed against booked jobs carried out by the Company.
(b) Discounts must be applied at the time of booking or at the time the job is scheduled. Retrospective application of discounts is not permitted.
(c) Only one (1) magnet or flyer discount may be redeemed per job, regardless of how many items the customer has received.
(d) Where a customer receives multiple magnets or flyers in the mail, the discounts cannot be combined or added together.
(e) Once a magnet or flyer discount has been redeemed, it is no longer valid and cannot be reused.

13.9 Exclusions

(a) Discounts are not valid for warranty works, rectification works, or any service covered under statutory or product warranties.
(b) Discounts may not be applied to the Company’s standard callout fee of $79.
(c) Discounts may not be applied to the Company’s emergency callout fee of $250.
(d) Discounts do not apply to products supplied by the customer, subcontractor fees, or third-party materials.

13.10 Limitations

(a) Discounts are not transferable, exchangeable, or redeemable for cash.
(b) Discounts may not be combined with other promotional offers, giveaways, or negotiated pricing.
(c) The maximum discount available is limited to the amount printed or handwritten on the magnet or flyer.
(d) The Company reserves the right to verify the authenticity of the discount material and may decline redemption where the item is damaged, illegible, altered, or suspected of being duplicated.

13.11 General Conditions

(a) All discounts are issued at the Company’s sole discretion and may be varied, suspended, or cancelled at any time without prior notice.
(b) Discounts may be time-limited, with expiry dates either printed on the material or communicated by the Company. Expired discounts will not be honoured.
(c) The Company reserves the right to refuse redemption where a discount has been misused or presented contrary to these terms.