These Terms and Conditions apply to all products and services supplied by Sturgeon Services unless otherwise agreed in writing by an authorized officer of Sturgeon Services. They override any contrary terms in the Customer’s documents.
Definitions
Customer: The person(s) placing the order for works and/or products. The Customer warrants authority to enter this agreement.
Sturgeon Services: The entity named on the quotation, invoice, receipt, or TCA.
Quote: Any document stating a price for works (including tax invoices, digital or handwritten quotes).
Works: Any services performed, products delivered, or work completed or to be completed by Sturgeon Services.
Business Details
Address: 1 Sidon Ct, Ooralea QLD 4740
Hours: Monday–Friday, 9:00 am–5:00 pm
Phone: 07 4954 1803
Email: lindsay@sturgeonservices.com.au
Electrical License: 66537
Binding Nature
Orders are accepted subject to these Terms. The Customer is bound by placing an order, signing a Quote, paying a deposit, providing instructions, and/or accepting products or Works.
Sturgeon Services may update these Terms; updated Terms apply from notification.
Pricing and Variations
Errors/omissions: Sturgeon Services may correct the contract sum, even after Quote acceptance.
Deposits: May be required at Sturgeon Services’ discretion; some or all may be non‑refundable as a genuine estimate of costs incurred.
Validity: Quotes are valid for 30 days. After expiry, pricing and terms may change.
Variations: Requested by the Customer or caused by delays beyond 30 days may change price and timing. Sturgeon Services may suspend work until variations are agreed. Variations are payable when raised.
Cancellation after acceptance requires Sturgeon Services’ written consent. Orders may be supplied in full or part.
Payment Due as per Quote or approved credit terms (at Sturgeon Services’ sole discretion).
Late payment: Default interest at 9% p.a. calculated daily from due date. Payments are applied first to interest/charges. Recovery costs (including legal on solicitor–client basis) are payable by the Customer.
Sturgeon Services may require cash on delivery/commencement, cease further Works, and/or terminate undelivered services/products for non‑payment.
No set‑off: The Customer must pay invoices in full without deduction or set‑off.
Travel and Attendance
Standard service area: ~30 minutes’ travel from Ooralea base.
Travel beyond this is charged at $130/hr (same as standard hourly rate), including return travel and any required site re‑attendance.
Time for Delivery and Completion
Dates/times are estimates. Sturgeon Services will endeavor to meet requested timing, but delays do not give rise to cancellation, termination, or damages.
The Customer remains obliged to accept and pay despite delays caused by factors beyond reasonable control (including strikes, shortages, machinery failure, weather events, transport delays, government actions, and other force majeure events).
Inspection
The Customer must inspect products immediately on delivery and notify Sturgeon Services in writing of any misdelivery, shortage, defect, or damage within 14 days.
Where Sturgeon Services is engaged to install, the Customer must not open, dismantle, or otherwise handle the products.
Property and Risk
Title remains with Sturgeon Services until all amounts owed (including taxes and charges) are paid in full. If a payment is later voided by law, indebtedness is deemed not discharged.
The Customer holds products as bailee until full payment and is responsible for any loss or damage from delivery.
Force Majeure
Sturgeon Services is not liable for delays or failure to supply/deliver due to causes beyond reasonable control (including war, strikes, shortages, breakdown, weather, theft, vandalism, civil unrest, government restrictions).
Products and Works
If specified products/works are unavailable at the time of performance, Sturgeon Services may substitute a reasonable alternative of comparable function/quality.
Warranties and Australian Consumer Law (ACL)
Statutory rights: Nothing in these Terms excludes, restricts, or modifies rights under the ACL.
Workmanship: Defects in Works reported within 12 months of completion will be remedied or replaced, subject to these Terms.
Exclusions: Warranty does not apply where:
The Customer fails to properly maintain or follow instructions/guidelines.
Works are misused, or continue to be used after a defect becomes apparent.
Products are handled by unlicensed/unqualified persons.
Failure is due to fair wear and tear, accident, or act of God.
Void: Warranty ceases if works are repaired, altered, or overhauled without Sturgeon Services’ written consent.
Assessment and delay: Sturgeon Services is not liable for delays in assessment or remedy.
Off‑site inspection: If a site inspection finds the issue is outside warranty, reasonable costs (labour, travel, out‑of‑pocket) are chargeable.
Defective goods: Notify Sturgeon Services within 6 months of receipt; return within 12 months.
Replacement transfers ownership of defective goods to Sturgeon Services.
Uncollected goods: If a claim is out of warranty and goods are not collected within 30 days after reasonable contact attempts, Sturgeon Services may dispose of them at the Customer’s expense.
Third‑party components: Covered only to the extent of supplier/manufacturer warranties.
Customer Responsibilities
Order accuracy: The Customer must check and confirm orders before signing the Quote.
Site readiness: Ensure continuous workflow on the agreed date, and that plumbing/electrical/other installations do not obstruct Works. Provide any required foundations and site services.
Access: Provide clear and safe access at all times. Sturgeon Services will exercise reasonable care during delivery/installation but is not liable for site loss/damage unless caused by negligence.
Custom requests: The Customer accepts all liability and indemnifies Sturgeon Services for custom requests or requirements outside the usual scope of works (as determined by Sturgeon Services).
Aesthetics/noise: No liability is accepted for visual presentation or noise levels of installed products where products perform to specification.
Termination
If the Customer breaches these Terms, becomes bankrupt/insolvent, enters external administration, or similar, Sturgeon Services may suspend further deliveries and recover any unpaid products. Sturgeon Services is not liable for loss arising from exercising these rights.
Customer cancellation/alteration after order: The Customer must pay for products/materials already procured and labour/tooling to date as a genuine pre‑estimate of costs.
Sale of goods rights: Sturgeon Services reserves all rights under applicable sale of goods legislation.
Personal Property Securities Act 2009 (PPSA)
These Terms create a security interest in all materials supplied. Sturgeon Services may register financing statements and exercise secured party remedies.
The Customer waives rights to receive certain PPSA notices and agrees to confidentiality under s275(1). Sturgeon Services may elect that parts of s115 do not apply as permitted.
This clause survives termination.
Privacy Act 1988
Collection: Sturgeon Services collects personal information (contact, bank/insurance/credit card details) for internal use and retains it for 7 years.
Disclosure: Information may be provided to/obtained from credit reporting bodies and other credit providers for assessing credit, exchanging information, and notifying defaults.
References: Trade/credit references may be contacted at any time. Credit reports may be obtained initially and during any credit period.
Collections: In case of default, account information may be provided to a collection agency.
Privacy queries: Contact Sturgeon Services at the details above.
Liability and Governing Law
To the maximum extent permitted by law and subject to the ACL, Sturgeon Services is not liable for indirect or consequential loss (including loss of profit). Alternatively, liability is capped at the contract sum for the order.
If any provision is invalid or unenforceable, the remainder continues in effect.
Governing law: Laws of Queensland, Australia (and the non‑exclusive jurisdiction of its courts) apply.
Assignment: Sturgeon Services may assign rights/obligations without the Customer’s consent.
Acceptance and Amendments
If you instruct us to proceed after receiving these Terms, you are taken to have accepted them.
If you do not understand any provision or wish to request an amendment, please contact Sturgeon Services in writing.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.