Document title: Terms and Conditions for services provided by Lux Coastal Electrical Pty Ltd (ABN 78 671 818 689).
Operative date: 12 September 2025.
This page reproduces the terms document in website format for convenience. If there is any formatting difference between this page and the original signed or supplied PDF, the PDF should be treated as the formal source document.
1. Definitions and Interpretation
The definitions and interpretation to be applied to this agreement are contained in Schedule 1 below.
2. Parties
The parties to this agreement are Lux Coastal Electrical Pty Ltd trading as Lux Coastal Electrical (ABN 78 671 818 689) and the Client named in the relevant Quote.
3. Engagement of LCE
The Client engages Lux Coastal Electrical Pty Ltd to provide the Services, and Lux Coastal Electrical accepts that engagement and agrees to provide the Services in accordance with these terms.
The engagement continues until the Services under the Quote are completed or the agreement is terminated in accordance with clause 14.
Lux Coastal Electrical acts as an independent contractor. Nothing in this agreement creates a relationship of employer and employee, principal and agent, partnership or joint venture.
4. Provision of the Services
For each engagement, the parties must first agree on a Quote. Lux Coastal Electrical’s obligation to provide the Services for an engagement does not arise unless and until the Client accepts the Quote by signing it, by continuing to request the Services verbally or in writing, or by otherwise indicating that the Quote has been accepted or that the Services are to commence.
The Client must review the Quote in detail and ensure it agrees with the items and materials listed before accepting it. If there are issues with the Services, the Client must provide written details within seven days after completion and allow Lux Coastal Electrical seven days to respond. If that notice is not given within time, the Client is taken to have irrevocably accepted the Services and, to the extent permitted by law, waives claims for differences between the Quote and the Services provided.
The Client must do all things reasonably required to allow safe, suitable and unrestricted access to the property and indemnifies Lux Coastal Electrical against loss arising from access events or the storage of goods at the Client’s delivery address.
Lux Coastal Electrical may refuse to deliver goods or Services if the Client fails to perform its obligations, and delivery may be delayed because of third-party supply issues. The Client must ensure information it provides is true and correct, and must promptly notify Lux Coastal Electrical if that changes.
If Lux Coastal Electrical is prevented from performing because of force majeure, it is relieved of the affected obligation to that extent and for that period. The affected party must notify the other party, use reasonable endeavours to minimise the effects, and resume performance as soon as reasonably possible.
5. Pricing and Invoicing
Pricing for each engagement is set by the Quote. Depending on the Quote, Services may be priced as a fixed price or on an hourly rate basis, and may be staged or not staged. Lux Coastal Electrical reserves the right to charge a 10% deposit where relevant.
For non-staged work, a fixed price may be payable in advance, or an hourly rate may apply based on the time spent providing the Services. For staged work, a 10% deposit is payable upon acceptance for jobs completed in stages, and each stage may be charged at a fixed price or hourly rate as set out in the Quote.
Out-of-scope work is charged at Lux Coastal Electrical’s out-of-scope hourly rate, and the Client must also pay reasonable expenses properly and necessarily incurred in providing the Services.
Unless agreed otherwise in writing, risk in goods and materials passes to the Client upon delivery, and risk in semi-completed or completed Services is borne by the Client except to the extent loss is caused by Lux Coastal Electrical’s negligence.
6. Payment
The Client must pay all properly invoiced charges in full on receipt of the relevant invoice. Payments are non-refundable even if later variations or cancellations are made to the Quote.
Lux Coastal Electrical may amend the timing and amounts of payments required in the Quote. Time is of the essence for all payments. Payment must be made by electronic funds transfer into the account nominated by Lux Coastal Electrical.
Unless otherwise agreed in writing and subject to legal withholding requirements, payments must be made without set-off, counterclaim, deduction, withholding or lien. If a deduction or withholding is required by law, the payer must pay the additional amount needed so the receiving party obtains the full amount it would otherwise have received.
If the Client pays late, Lux Coastal Electrical may charge default interest at the default rate on the outstanding amount until paid in full, in addition to any other remedies available.
7. Cancellations
The Client may not cancel an accepted Quote unless Lux Coastal Electrical gives prior written consent, which may be withheld absolutely.
If the Client cancels after acceptance, the Client is liable for and indemnifies Lux Coastal Electrical against losses incurred because of the cancellation, including direct costs and lost profit from other work foregone due to scheduling.
If materials have already been ordered, the Client is liable for the cost of those materials. Lux Coastal Electrical retains title to those goods and may collect them from the Client’s delivery address.
8. Variations
Client-requested variations must be approved by Lux Coastal Electrical in writing before they take effect. Consent may be given or withheld in Lux Coastal Electrical’s absolute discretion.
If the Client changes the requirements after a Quote has been prepared or after material orders have been placed, Lux Coastal Electrical may vary the Quote verbally or in writing to include additional charges for extra costs caused by the variation. Lux Coastal Electrical also receives an automatic extension of time equal to the delay caused by the variation.
Lux Coastal Electrical may also need to cancel or vary the Quote in certain circumstances, including where materials are unavailable or there is an error in the Quote. If so, it will endeavour to notify the Client in writing as soon as reasonably practicable. The Client is responsible for the reasonable costs, expenses and charges incurred as a result.
9. GST
Unless expressly stated otherwise, amounts payable under the agreement are determined without regard to GST and must be increased by any GST payable. Reimbursement or indemnity amounts are reduced to the extent the receiving party can claim an input tax credit or similar offset. If an adjustment event arises, the parties must make corresponding adjustments and issue any required adjustment note.
10. Confidentiality
Subject to the stated exceptions, each party must keep confidential information confidential, must not use it except in the proper performance of the Services, must not disclose it to third parties, and must not copy or record it except as required for performance of the Services.
Disclosure is permitted to employees who have an actual need to know the information for performance of the agreement, where the information is already public through no breach, or where disclosure is required by law or court order.
11. Non-Disparagement
From the date of the agreement, each party must not make or communicate remarks or statements that could reasonably be construed as critical, derogatory or negative toward the other party or its representatives, and must take reasonable steps to prevent its representatives from doing so.
This restriction does not prevent statements or disclosures required by law or court order, provided the disclosing party gives advance written notice where reasonably practicable and reasonably assists in seeking confidential treatment or minimising dissemination.
12. Dispute Resolution
Before litigation or arbitration, the parties must comply with the dispute resolution provisions. If a dispute arises, the parties will first explore whether it can be resolved by agreement using informal techniques such as mediation, independent expert appraisal or another agreed alternative dispute resolution process.
The rules for any chosen process are to be agreed between the parties, or failing agreement selected by the President of the Law Society of New South Wales.
13. Liability, Indemnity and Remedies
The Client indemnifies and holds Lux Coastal Electrical harmless against losses, including third-party claims, arising in connection with the Client’s breach of the agreement or negligent or other tortious conduct.
Each indemnity is separate, independent and continuing, survives termination, and remains in force until all money owing under it has been paid in full.
To the maximum extent permitted by law, Lux Coastal Electrical and its representatives disclaim conditions, representations and warranties relating to the Services except as otherwise set out in the agreement. Where those warranties cannot be excluded by law, Lux Coastal Electrical’s aggregate liability is limited, at its election, to re-supply of the Services, payment of the costs of re-supply by a third party, or refund of amounts paid for the Services.
Each party agrees that damages may not be an adequate remedy for breach, and the non-defaulting party may seek injunctive or equitable relief in addition to other remedies.
14. Termination
Either party may terminate the agreement immediately by notice if an event of default occurs in respect of the other party. If a material or persistent breach occurs, the non-defaulting party may give written notice requiring the breach to be remedied within 20 business days or another agreed period, and may terminate immediately if it is not remedied.
The Client may terminate on at least two weeks’ written notice. Lux Coastal Electrical may also terminate on at least two weeks’ notice, and the Client may waive all or part of that notice period.
On termination, the Client remains liable for all charges accrued up to and including the termination date, including charges for materials purchased before termination. Lux Coastal Electrical may issue a final invoice for any balance owing. Subject to payment of outstanding charges, Lux Coastal Electrical will deliver partially completed deliverables that fall within the agreed scope.
Termination does not affect accrued rights, and the confidentiality, non-disparagement, liability and remedies, and termination provisions survive termination as stated in the agreement.
15. Notices
Notices under the agreement must be in writing in English and sent to the relevant address or email address notified by the receiving party. Notices may be delivered personally, by commercial courier, by pre-paid post, by airmail where required, or by email.
Deemed receipt occurs at delivery for personal service, on signature for courier, 48 hours after posting for pre-paid post, five days after posting for airmail, or four hours after the sent time for email unless a non-delivery notice is received. If deemed receipt falls outside business hours, it is taken to occur at the next commencement of business hours.
16. General
The agreement benefits only the parties, their successors and permitted assigns. It contains the entire agreement between the parties on its subject matter and supersedes earlier understandings or arrangements.
Invalid provisions are to be read down or severed only to the extent necessary without affecting the balance of the agreement. Waivers must be in writing and signed. Delay or indulgence in exercising rights does not operate as a waiver.
The agreement may only be varied by written instrument executed by all parties. Rights under the agreement may not be assigned or otherwise dealt with without prior written consent. The agreement is governed by the laws of New South Wales, Australia, and disputes are subject to the exclusive jurisdiction of the courts of New South Wales.
Schedule 1: Dictionary
The agreement includes a dictionary of defined terms and interpretation rules. Key defined terms include Business Day, Charges, Claim, Client, Confidential Information, Default Rate at 14.00% per annum, Engagement, Event of Default, Expenses, Fees, Fixed Price, Force Majeure, GST, Hourly Rate, Insolvency Event, In-Scope Work, Losses, Notice, Out-of-Scope Work, Quote, Representatives, Services, Stage, Start Date and Tax.
The interpretation rules confirm, among other things, that headings are for convenience only, references to documents include amendments and replacements, writing includes post and email, time is Sydney time, monetary amounts are in Australian currency, singular includes plural, and examples introduced by words such as “including” do not limit general wording.
For the full defined-term wording and complete schedule text, download the original PDF: Lux Coastal Electrical Terms and Conditions PDF.