1. Definitions and parties
These Terms of Trade apply to all quotations, estimates, work orders, service calls, maintenance, testing, repairs,
installations, supply of goods and other services provided by Sage Energy Pty Ltd trading as Sage Energy (we, us, our
or Contractor) to the customer, owner, occupier, tenant, builder, property manager, body corporate, insurer, business or
other person requesting or approving the work (you, your, Customer or Client).
Works means the goods, services, labour, materials, equipment, testing, certification, commissioning, documentation,
attendance, travel, administration and any related work described in our quotation, work order, invoice, email, SMS,
service request or agreed scope, including any variations.
2. Acceptance of these terms
You accept these terms when you accept a quote, approve a work order, pay a deposit, book a job, allow us on site,
instruct us to proceed, approve a variation, sign a form, click an acceptance link, reply by email or SMS, or otherwise
request that we perform work.
These terms apply unless we expressly agree otherwise in writing. If your purchase order, builder terms, portal terms or
other document conflicts with these terms, these terms prevail to the maximum extent permitted by law unless we sign a
written variation.
3. Quotations, estimates and scope
A quotation is based on the information available to us at the time, visible site conditions, normal access, normal
working hours and the scope expressly stated. Anything not expressly included is excluded.
An estimate is an opinion only and is not a fixed price. Estimates may change after inspection, diagnosis, disassembly,
access, testing, supplier confirmation, network approval, engineering advice or discovery of hidden conditions.
Unless the quote states otherwise, quotes are open for acceptance for 14 days and may be withdrawn or revised at any
time before acceptance.
4. Exclusions unless expressly included
5. Customer authority and responsibility
6. Site access, no-access and waiting time
If we cannot start or continue work because access is not ready, the site is unsafe, the customer is absent, keys or gate
codes do not work, other trades block access, pets are unsecured, materials are not ready, parking is unavailable, the
work area is not cleared, or required authority is missing, we may charge waiting time, travel, no-access fees, rebooking
fees and any resulting costs.
A no-access or failed attendance charge is payable even if no work is completed. Rebooking is at our discretion and
may require payment of outstanding amounts first.
7. Working hours, call-outs and after-hours work
Unless stated otherwise, pricing is based on work during our ordinary working hours. Work requested outside ordinary
hours, urgent attendance, weekends, public holidays, shutdowns, staged access, night works, split shifts or accelerated
programs may be charged at after-hours or overtime rates plus travel, supervision, administration and supplier costs.
A call-out, diagnostic, inspection or attendance charge is payable for attending site, assessing a fault, quoting from site,
isolating equipment, making safe, providing advice or attempting to diagnose a problem, whether or not the fault can be
repaired during that visit.
8. Safety, de-energising and right to refuse unsafe work
We will not perform unsafe or unlawful work. We may refuse, suspend, isolate, make safe, reschedule or leave a site if
we consider there is a safety risk, non-compliance, abuse, threats, unsafe access, hazardous substance, live electrical
risk, weather risk, asbestos risk, structural risk or other condition that makes the work unsuitable.
Electrical installations may need to be de-energised for safety, including work in or near domestic roof spaces. De-
energising may affect power, internet, alarms, refrigerators, medical equipment, solar, batteries, EV chargers, pumps,
gates, garage doors and other equipment. You are responsible for planning around shutdowns and protecting items
affected by loss of power.
Where temporary isolation, make-safe work or reporting is required by law or safety practice, you authorise us to take
reasonable steps and charge the associated costs.
9. Unsafe wiring, existing faults and switchboards
Existing electrical installations are not guaranteed to be compliant, safe, accessible, labelled, correctly wired, fault-free
or suitable for new equipment. Work on existing installations can expose hidden defects.
If we identify unsafe wiring, unsafe equipment, low insulation resistance, borrowed neutrals, mixed circuits, no MEN,
undersized cables, damaged cables, illegal work, nuisance tripping, water ingress, vermin damage, asbestos backing
panels, non-compliant switchboards or other hazards, we may isolate, make safe, report, refuse to reconnect or quote
additional work.
Safety switches and RCBOs fitted to existing circuits can reveal pre-existing faults. Fault finding and rectification are
additional unless expressly included.
10. Variations and additional work
A variation includes any change, addition, omission, delay, acceleration, repeat visit, extra labour, extra material,
upgrade, substitution, hidden condition, access issue, safety requirement, authority requirement or customer request
outside the original scope.
Variations may be approved verbally, by conduct, by email, by SMS, by ServiceM8, by signing, by allowing us to
continue after being told of the issue, or by accepting the benefit of the additional work.
Unless a fixed variation price is agreed in writing, variations are charged at our applicable rates plus materials, supplier
charges, travel, equipment hire, administration, margin and GST. Variations may extend the completion time.
11. Provisional sums, allowances and prime cost items
Any allowance, provisional sum, estimated quantity or prime cost item is an estimate only. If the actual cost or quantity
is higher or lower, the contract price will be adjusted accordingly, including reasonable margin, freight, handling,
administration and GST.
12. Materials, product selection and substitutions
Product availability, lead times, specifications, colours, models, app features and manufacturer requirements can
change without notice. We may substitute equivalent or better products if a quoted product is unavailable, discontinued,
delayed, unsuitable or impractical, provided the substitution is reasonably suitable for the purpose.Colours, finishes, light colour, brightness, noise, airflow, app behaviour and product appearance may vary between
batches, models, screens, catalogues and actual site conditions. You are responsible for confirming specific aesthetic
requirements before ordering.
Special-order, custom, cut-to-length, opened, installed, connected, programmed or non-stock materials may not be
returnable or refundable unless required by law.
13. Customer-supplied goods
We may refuse to install customer-supplied goods that are unsafe, non-compliant, unsuitable, missing parts, damaged,
counterfeit, poorly specified, second-hand, incorrectly rated or not approved for Australian use.
Customer-supplied goods are not covered by our product warranty. You remain responsible for product selection,
condition, instructions, missing components, compatibility and manufacturer warranty claims. Labour to diagnose,
remove, reinstall or replace faulty customer-supplied goods is chargeable.
14. Deposits, progress claims and prepayments
We may require a deposit, mobilisation payment, prepayment, progress payment, payment for ordered materials,
payment before commissioning, payment before handover, payment before release of documents or payment before
further work proceeds.
Where Queensland building or consumer legislation imposes a maximum deposit, cooling-off period, progress payment
rule, written contract requirement or consumer guide requirement, the quote and these terms operate subject to that law
to the extent it applies.
For larger or staged works, progress claims may include work completed, materials ordered, materials stored on or off
site, subcontractor commitments, mobilisation, design, administration, variations and costs incurred due to delay or lack
of access.
15. Invoices and payment terms
Unless the quote or invoice states otherwise, payment is due on completion for service, maintenance, repair and
residential works, and within 7 days from invoice for approved account customers. We may require immediate payment
before leaving site.
For staged works, each progress claim is payable by the due date stated on the invoice. An invoice may also be a
payment claim under applicable security of payment legislation.
You must pay the undisputed part of an invoice by the due date even if you dispute another part. A dispute must be
notified in writing within 5 business days of the invoice date with clear reasons and supporting evidence.
16. Late payment, recovery costs and suspension
If payment is not received by the due date, we may charge interest on overdue amounts at 1.5% per month calculated
daily, or the maximum amount permitted by law if lower. We may also charge reasonable administration, reminder,
legal, mercantile, collection, dishonour, search, registration and recovery costs.
We may suspend work, cancel future bookings, withhold non-essential documents, withhold handover information,
refuse further credit, require payment upfront, remove discounts or terminate the contract until overdue amounts are
paid.
You indemnify us for costs reasonably incurred in recovering unpaid amounts, enforcing these terms or responding to
payment disputes caused by your default.
17. No set-off and withholding
Subject to your non-excludable legal rights, you must not withhold, set off, back charge, deduct or delay payment of
amounts properly payable because of a separate dispute, minor defect, warranty claim, third-party delay, tenant
complaint, insurance delay, financier delay or builder dispute. We may require disputed items to be handled through the
dispute process while payment for undisputed work proceeds.
18. Cancellations, postponements and rescheduling
If you cancel, postpone or materially change booked work after acceptance, you must pay for work performed, materials
ordered, supplier costs, restocking fees, lost booking time, administration, design, mobilisation, travel and other losses
reasonably incurred.
Cancellations or postponements within 2 business days of scheduled work may attract a cancellation or rebooking fee.
Special-order materials and committed subcontractor costs may be charged in full.We may reschedule work due to weather, safety, staff illness, supplier delays, emergency works, network delays,
authority delays, site readiness, non-payment or events outside our reasonable control.
19. Delays and extension of time
Completion dates and attendance windows are estimates unless expressly stated as fixed in writing. We are not liable
for delay caused by weather, supplier shortages, network operators, distributor approvals, metering providers, product
recalls, other trades, access issues, hidden conditions, unsafe wiring, customer changes, illness, accidents, industrial
action, transport issues, authority delays, force majeure or any event outside our reasonable control.
If delay increases our cost, we may charge the additional labour, travel, storage, supervision, administration, equipment
hire, material escalation and supplier costs caused by the delay.
20. Excavation, drilling, cutting and hidden services
Unless expressly stated otherwise, excavation pricing assumes clean soil or clay, normal access and no rock, concrete,
roots, contaminated material, groundwater, unknown services or restricted access.
Before excavation, drilling, cutting, chasing or fixing, you must disclose known underground, in-wall, in-slab, ceiling,
roof, data, water, gas, sewer, stormwater, pool, irrigation, security, NBN, solar, battery, communications and electrical
services. If accurate locations are not provided, you accept the risk and cost of locating, repairing or dealing with
damaged hidden services except to the extent caused by our negligence.
21. Hazardous materials and contamination
The quote assumes the site is free from asbestos, silica risks outside normal controls, lead, mould, biological hazards,
contaminated soil, rodents, vermin, needles, sewage, chemical hazards and other hazardous substances unless
expressly disclosed and priced.
If hazardous material or suspected hazardous material is found, we may stop work immediately. You are responsible for
testing, removal, clearance, delay costs, additional visits and any extra costs required to continue safely and lawfully.
22. Finished surfaces and making good
Electrical and air conditioning work may require holes, penetrations, cable entries, fixings, chasing, conduit, trunking,
access panels, equipment mounting, lifting insulation, moving tiles, lifting roof sheets or disturbing finished surfaces.
Unless expressly included, patching, painting, plastering, waterproofing, re-tiling, roofing, rendering, cabinetry repairs
and other making good are excluded.
We will take reasonable care but are not responsible for unavoidable, pre-existing or consequential damage to brittle,
aged, poorly installed, hidden, inaccessible, water-damaged, sun-damaged, asbestos-containing or fragile surfaces.
23. Cleaning and waste
We will leave the work area reasonably tidy for the type of work performed. Builders clean, deep cleaning, dust removal,
painting preparation, landscaping reinstatement, skip bin charges, special waste disposal and disposal of hazardous
materials are excluded unless expressly included.
Old equipment, packaging, offcuts and replaced materials may be removed or left on site at our discretion unless
disposal is included in the quote. Disposal may be charged.
24. Solar, battery, EV charging and energy systems
Solar, battery and EV charging performance depends on weather, shading, roof orientation, grid voltage, network rules,
tariff structure, customer behaviour, app settings, firmware, internet connection, metering, retailer settings and
distributor requirements. We do not guarantee a specific bill reduction, feed-in tariff, self-consumption percentage,
charge speed or payback period unless expressly guaranteed in writing.
Network approvals, export limits, dynamic connection requirements, smart meter requirements, DNSP device
requirements, retailer actions and metering works are controlled by third parties. Delays or additional requirements from
those parties are outside our control and may result in variations.
Customer internet, Wi-Fi, mobile reception, passwords, apps, accounts, DNSP portals, monitoring platforms and
firmware updates are customer responsibilities unless expressly included. Return visits for poor Wi-Fi, changed
passwords, app changes, customer phone issues or third-party platform issues are chargeable.
25. Air conditioning and refrigeration work
Air conditioning performance depends on room size, insulation, heat load, sun exposure, building leakage, ceiling
height, installation location, filter cleanliness, maintenance, user settings and ambient conditions. We do not guarantee
comfort outcomes outside the capacity, design and manufacturer limitations of the selected equipment.
Condensate drains, pumps, wall penetrations, outdoor unit locations, line set routes, noise, vibration, weather exposure,
access for future service and manufacturer clearances must be considered. Additional drainage, pumps, brackets, roof
access, electrical upgrades, concrete bases, wall repairs or access works are chargeable unless included.
Manufacturer warranties are subject to manufacturer terms, registration, approved installation, maintenance and use.
Labour for warranty attendance may be chargeable where the issue is not caused by our workmanship or where the
manufacturer does not reimburse labour.
26. Data, CCTV, security, smart home and communications
Data, CCTV, security, intercom, Wi-Fi, smart home and communications work can be affected by customer equipment,
NBN service, internet provider, router settings, passwords, software, mobile apps, cloud platforms, third-party
subscriptions, signal interference and device compatibility. Unless expressly included, we do not guarantee third-party
platforms, internet speed, app performance, cloud storage, remote access or ongoing software support.
You are responsible for your passwords, account ownership, subscriptions, privacy settings, lawful camera placement,
signage and compliance with any laws or body corporate rules applying to surveillance or recording.
27. Compliance documents, certificates and handover material
We will provide compliance documents that we are legally required to provide for the Works. Additional certificates,
copies, forms, reports, photographs, as-built drawings, asset schedules, commissioning sheets, owner manuals,
warranty packs, body corporate documents, insurer documents, builder portal uploads or administration not included in
the quote may be charged.
We may withhold non-essential duplicate documents, reports, manuals, photos or administrative material until amounts
due are paid, except where law requires otherwise.
28. Practical completion and handover
Works are practically complete when they are complete except for minor omissions or defects that do not prevent
reasonable use, when the relevant section is ready for use, when the customer takes possession or benefit of the
Works, when equipment is operational, or when we issue the final invoice, whichever occurs first.
Risk in installed or delivered goods passes to you on delivery, installation, handover or when left on site at your request.
You must protect installed works and materials from theft, damage, weather, other trades, tenants, misuse and
unauthorised interference.
29. Warranties and defects
Subject to the Australian Consumer Law and any non-excludable rights, we warrant our workmanship for 12 months
from practical completion. Manufacturer warranties apply to products according to the manufacturer terms.
You must notify alleged defects in writing as soon as reasonably possible and allow us a reasonable opportunity to
inspect and rectify before engaging others. If you do not give us that opportunity, or if others interfere with the Works,
our liability may be reduced to the extent permitted by law.
Warranty attendance is chargeable if the issue is caused by misuse, lack of maintenance, customer-supplied goods,
third-party work, pests, water ingress, storms, lightning, power quality, network issues, internet issues, settings
changes, blocked filters, blocked drains, dirty equipment, consumables, normal wear and tear or anything outside our
workmanship.
30. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded,
restricted or modified under the Australian Consumer Law or any other applicable law.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major
failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion,
or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable
loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service
rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion
of the contract.
For goods, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable
quality and the failure does not amount to a major failure.
31. Liability limits
To the maximum extent permitted by law, and subject to your non-excludable rights, our liability is limited to re-
supplying the affected services, repairing or replacing the affected goods, paying the cost of re-supply, repair or
replacement, or refunding the amount paid for the affected part of the Works.
To the maximum extent permitted by law, we are not liable for indirect, consequential, special or economic loss, loss of
profit, loss of rent, loss of business, loss of opportunity, loss of data, loss of production, loss caused by delay, third-party
charges, inconvenience, distress, reputational loss or losses not reasonably foreseeable at the time of contract.
Any monetary liability is limited to the amount paid by you for the affected part of the Works, except where a higher
amount is required by law or the loss is caused by our fraud, wilful misconduct or liability that cannot lawfully be limited.
32. Indemnity
You indemnify us against claims, losses, damages, penalties, costs and expenses arising from your breach of these
terms, incorrect information, lack of authority, unsafe site, hidden services, hazardous materials, interference by others,
misuse of the Works, failure to maintain equipment, unpaid amounts, or claims by owners, tenants, body corporates,
builders, insurers or other third parties arising from your instructions or site conditions, except to the extent caused by
our negligence, breach of law or breach of contract.
33. Insurance
We maintain insurance that we consider appropriate for our business, including public liability and workers
compensation where required. Our insurance covers our insurable interests only and does not replace your obligation to
insure your property, contents, business, tenants, equipment, site works, existing installations and other trades.
34. Retention of title and PPSA
Until all amounts owing to us are paid in full, title to goods supplied by us remains with us to the extent permitted by law.
You hold unpaid goods as bailee for us and must not sell, dispose of, remove, damage, mortgage or encumber them
except in the ordinary course of business.
Where the Personal Property Securities Act 2009 (Cth) applies, these terms constitute a security agreement and you
grant us a security interest in goods supplied and proceeds to secure payment. You must do anything reasonably
required to allow us to protect or register that interest.
35. Default and termination
You are in default if you fail to pay on time, fail to provide access, fail to provide authority, become insolvent, provide
false information, breach these terms, create a safety risk, abuse or threaten our staff, or otherwise make performance
impractical.
If you default, we may suspend work, terminate the contract, recover unpaid goods, cancel bookings, require upfront
payment, charge additional costs and recover our losses. Termination does not affect rights already accrued.
36. Complaints, claims and dispute process
Complaints or claims must be made in writing with enough detail, photos and documents for us to investigate. You must
allow us reasonable access to inspect and, where appropriate, rectify before arranging third-party work.
Both parties must attempt to resolve disputes promptly and in good faith. This does not prevent either party from taking
urgent action to protect safety, property, payment rights or legal rights.
37. Reviews, conduct and site behaviour
We expect respectful communication. We may refuse or stop work if a customer, occupier, tenant, builder, neighbour or
other person on site is abusive, threatening, discriminatory, intoxicated, obstructive or unsafe.
You must not publish false, misleading or defamatory statements about us, our staff or our work. This does not prevent
honest reviews or lawful complaints.
38. Privacy and job records
We may collect, use, disclose and store personal information and job records in accordance with our Privacy Policy. We
may take photos and videos for quoting, safety, compliance, workmanship, warranty, invoicing, training, dispute
management and marketing as described in our Privacy Policy.
39. Confidential information and intellectual property
Quotes, designs, drawings, layouts, pricing, schedules, calculations, reports, photos, documents, methods and other
material created by us remain our intellectual property unless we agree otherwise in writing. You may use them only for
the Works and must not copy, publish, tender, price-check, reverse engineer or give them to another contractor without
our written consent.
We may retain and use know-how, templates, methods, photos and non-confidential learnings from the Works for
business, training and marketing purposes, provided we handle personal information in accordance with our Privacy
Policy.
40. Governing law
These terms are governed by the laws of Queensland, Australia. The parties submit to the courts and tribunals of
Queensland and any federal courts with jurisdiction.
41. Severability and no waiver
If any part of these terms is invalid, unlawful, unfair or unenforceable, that part is severed or read down to the minimum
extent necessary and the remainder continues. A failure or delay by us in exercising a right is not a waiver of that right.Queensland and any federal courts with jurisdiction.
42. Customer acceptance details
By accepting a quotation, booking work, approving work, signing below, paying a deposit or allowing the Works to
proceed, you confirm that you have read, understood and accepted these Terms of Trade.
Acceptance form
Client business/name
Client contact person
Site address
Phone / email
Quote / job reference
Signature
Date
