Service Terms
Last updated: 5 September 2026
These Service Terms apply to electrical, automation, engineering, solar, battery, EV-charging, industrial, installation, testing, commissioning, inspection, consultation, maintenance, repair and related services provided by Braintric Electrical And Automation Engineering Pty Ltd (Braintric, we, us or our). They are intended to define the contractual relationship for professional and field services, including scope, quotations, customer responsibilities, site conditions, safety, variations, scheduling, completion, defects, project documents and dispute handling.
1. Formation of the service contract
A service contract is formed when Braintric accepts the customer’s agreement to a quotation, scope of work, written proposal, purchase order accepted by Braintric or other written engagement document. The contract consists of the documents expressly identified as forming part of the engagement. A preliminary estimate, concept, budget figure, draft design, tender submission or document marked “draft”, “preliminary” or “for review” is not a final contractual deliverable unless Braintric expressly confirms otherwise. If a customer purchase order contains terms that conflict with Braintric’s accepted quotation or written service terms, those conflicting purchase-order terms do not automatically apply merely because the purchase order has been issued. Any material variation to the agreed contract must be expressly accepted by Braintric.
2. Quotations
A quotation is prepared using information reasonably available to Braintric at the time, which may include customer instructions, drawings, photographs, plans, site observations, equipment information, energy data and assumptions stated in the quotation. Unless stated otherwise, a quotation is subject to the continued availability of equipment, labour, access, approvals and information reasonably necessary to perform the work. A quotation may be revised before acceptance where relevant information changes materially, where a stated assumption proves incorrect, or where previously unavailable information materially affects the proposed scope or cost.
3. Scope of services
Braintric will perform the services and provide the deliverables expressly described in the accepted scope. The contract price does not automatically include work that is not reasonably identifiable from the accepted scope. Depending on the project, items outside scope may include civil works, structural work, asbestos investigation or removal, concealed defect remediation, network augmentation, third-party certification, building work, waterproofing, painting, specialist access equipment, traffic management, after-hours work, remote travel, special freight, utility fees, software subscriptions or other third-party costs unless expressly included. Where ambiguity exists, the accepted written scope is the primary reference for determining what Braintric has agreed to provide.
4. Customer-supplied information
The customer must provide information that is complete, accurate and reasonably necessary for Braintric to plan and perform the services. This may include site details, drawings, equipment information, known hazards, existing documentation, operational requirements, shutdown constraints, access conditions, network information and any relevant instructions or standards required by the customer. Braintric may rely on information supplied by the customer or the customer’s authorised representatives unless there is an obvious reason not to do so. If inaccurate, incomplete or late information causes additional work, delay or redesign, the resulting impact may be treated as a variation to the extent reasonably attributable to that information.
5. Customer responsibilities
A failure to provide required access, approvals or prerequisites may result in rescheduling, suspension or additional reasonable cost where permitted by the contract and law. The customer must provide the cooperation reasonably required for safe and efficient service delivery. Depending on the work, this may include:
- providing safe and timely access to the site and relevant equipment;
- nominating an authorised contact person;
- providing keys, access codes, inductions, permits or security clearances;
- identifying known asbestos, hazardous materials and site hazards;
- identifying known concealed services or utilities;
- providing shutdown windows, operational approvals and site escorts where required;
- obtaining customer-controlled owner, landlord or body-corporate permissions;
- ensuring work areas are reasonably clear and accessible; and
- communicating operational, cybersecurity or production constraints that may affect the work.
6. Safety and regulatory compliance
Safety takes priority over programme, convenience and production requirements. Braintric may stop, postpone, refuse or suspend affected work if conditions are unsafe, required isolation cannot be achieved, relevant hazards have not been controlled, work would be unlawful, the required task is outside applicable licensing or authorisation, or continuing would create an unreasonable risk of injury or material property damage. In New South Wales, electrical wiring work requires an appropriate electrical licence or certificate. Braintric performs regulated electrical work through appropriately authorised personnel for the relevant work. Official licensing information is available from the NSW Government. Customers and site personnel must not defeat isolations, bypass protective devices, energise incomplete work, remove barriers or interfere with safety controls established for the work.
7. Existing installations and latent conditions
Electrical and technical service work can reveal conditions that were not reasonably visible or identifiable before work commenced. Examples include concealed damaged wiring, undocumented circuits, inaccessible equipment, non-compliant existing work, unexpected underground services, defective switchgear, structural obstructions, hidden water ingress, asbestos or inaccurate existing documentation. Where a latent condition materially affects the safe or proper performance of the agreed work, Braintric will explain the issue and, where reasonably practicable, provide options before undertaking additional work. Work required solely because of a pre-existing or latent condition is not automatically included in the original price unless the accepted scope expressly provides otherwise.
8. Variations
A variation is a change to the agreed scope, quantity, design, specification, equipment, sequence, programme, access conditions, working hours, method of work or other contractual requirement. Where reasonably practicable, Braintric will identify the proposed change and any material price or time effect before performing the varied work. A variation may be approved by a signed document, email, approved electronic communication, revised purchase order or another written method that clearly records the customer’s authorisation. If immediate work is reasonably necessary to protect life, safety or property and it is not reasonably practicable to obtain prior approval, Braintric may undertake the minimum protective work reasonably necessary, subject to applicable law.
9. Scheduling and access
Commencement, attendance, completion and commissioning dates are estimates unless expressly identified as fixed contractual dates. Braintric will use reasonable efforts to meet agreed schedules. Timing may be affected by equipment availability, supplier lead times, weather, authority processing, network requirements, customer delay, unavailable access, unsafe conditions, latent conditions, transport disruption, utility outages, emergency events or other circumstances outside Braintric’s reasonable control. Where a material delay becomes known, Braintric will take reasonable steps to communicate the issue and revise the programme where appropriate.
10. Suspension of services
Braintric may suspend affected services where reasonably necessary because of serious safety risk, unlawful conditions, loss of required access, material customer interference, failure to provide an essential prerequisite, or a materially overdue undisputed payment after reasonable notice where the contract permits suspension. A suspension will be limited to what is reasonably necessary in the circumstances. Where the cause of suspension is remedied, Braintric will work with the customer to arrange practical recommencement, subject to resource availability and any reasonable remobilisation requirements.
11. Materials and equipment
Where Braintric supplies materials or equipment as part of the services, those items will be selected in accordance with the accepted scope and reasonable availability. A materially different substitute will not be used without customer agreement where the difference is relevant to function, performance, compatibility, appearance or price. Manufacturer lead times, product discontinuation and supply-chain changes may affect availability. If this occurs, Braintric will discuss reasonable alternatives before making a material substitution.
12. Customer-supplied equipment
Where Braintric agrees to install, connect, commission, test or work on customer-supplied equipment, Braintric’s responsibility is limited to the work it has agreed to perform. Unless expressly stated otherwise, Braintric does not warrant the design, quality, suitability, compatibility, reliability or manufacturer performance of equipment supplied by the customer. Additional time reasonably required to diagnose defects, missing components, incorrect documentation or incompatibility in customer-supplied equipment may be treated as additional work where appropriate.
13. Automation, software and communications dependencies
Automation, monitoring, control and communications systems may depend on third-party hardware, software, firmware, licences, cloud services, networks, internet connectivity, mobile services, customer IT systems and cybersecurity settings. Unless expressly included in the accepted scope, Braintric does not undertake to provide indefinite cloud subscriptions, third-party software licences, internet services, telecommunications services, vendor support or future software upgrades. The customer is responsible for maintaining third-party subscriptions, credentials and infrastructure that remain under the customer’s control unless the contract expressly states otherwise.
14. Testing, commissioning and completion
Where included in the scope, Braintric will carry out the testing, verification, commissioning and handover activities reasonably required for the agreed work. Completion may include provision of relevant certificates, test results, commissioning records, manufacturer information, operating instructions, marked-up drawings or other deliverables identified in the contract. A draft or preliminary document must not be relied upon as a final deliverable until it has been issued or confirmed as final.
15. Defects and rectification
If the customer believes Braintric’s completed work is defective, the customer should notify Braintric promptly and provide enough information to identify the project, affected work and nature of the alleged defect. Braintric must be given reasonable access to inspect and assess the issue and, where appropriate, an opportunity to rectify work for which Braintric is responsible. The customer should not arrange third-party rectification at Braintric’s cost without first giving Braintric a reasonable opportunity to inspect the issue, except where urgent action is reasonably necessary to protect safety or prevent material damage. Nothing in this clause limits rights or remedies that cannot lawfully be excluded.
16. Project documents and intellectual property
Pre-existing intellectual property remains the property of its existing owner. This includes Braintric’s standard methods, templates, calculation tools, software libraries, technical know-how and design systems. Unless expressly agreed otherwise, Braintric retains intellectual property rights in project-specific drawings, documents, programming, calculations and other original deliverables created by Braintric. Once amounts properly due for the relevant deliverable have been paid, the customer is granted a non-exclusive licence to use the final deliverable for the site and purpose for which it was prepared. A project-specific document should not be reused for another site, materially different operating condition or different project without appropriate technical review.
17. Charges and invoicing
The service price, rates, allowances, deposit requirements, progress claims and reimbursable costs are those stated in the accepted quotation or engagement document. Additional services, approved variations and additional work caused by circumstances outside the original scope may be invoiced in accordance with the agreed pricing basis. If the customer genuinely disputes part of an invoice, the customer should notify Braintric promptly, identify the disputed amount and explain the basis of the dispute. The undisputed portion remains payable in accordance with the agreed payment terms unless otherwise required by law.
18. Termination
Either party may terminate the service contract for material breach where the breach is capable of remedy and the defaulting party fails to remedy it within a reasonable period after written notice. A party may terminate immediately where a material breach cannot reasonably be remedied, subject to applicable law. On lawful termination, Braintric may be entitled to payment for conforming work completed, goods supplied, approved variations, reasonable committed project costs and reasonable close-out or demobilisation costs, to the extent those amounts are properly payable and legally recoverable. Any customer funds that are not properly payable must be returned.
19. Liability
Nothing in these Service Terms excludes or limits any guarantee, right, remedy or liability that cannot lawfully be excluded or limited. To the extent permitted by law, each party is responsible for loss caused by its own breach, negligence or unlawful conduct and should take reasonable steps to mitigate avoidable loss. Any project-specific limitation of liability must be expressly agreed in the accepted contract and remains subject to mandatory law.
20. Australian Consumer Law
Where the Australian Consumer Law applies, services may be subject to statutory guarantees, including guarantees concerning due care and skill, fitness for a disclosed purpose in applicable circumstances and supply within a reasonable time where no time is fixed. Nothing in these Service Terms alters rights or remedies that cannot lawfully be excluded.
21. Dispute resolution
If a dispute arises, the party raising it should provide written details of the issue, relevant facts and the outcome sought. The parties will first attempt to resolve the dispute in good faith through direct discussion between authorised representatives. If the matter remains unresolved, the parties may agree to mediation or another appropriate dispute-resolution process before litigation. This does not prevent urgent relief, statutory complaints, regulatory reporting or other action necessary to preserve a legal right.
22. Governing law
These Service Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of courts and tribunals having jurisdiction in New South Wales, subject to any mandatory legal right to bring proceedings elsewhere.
23. Service contact
Braintric Electrical And Automation Engineering Pty Ltd
- Website: braintrical.com.au
- Email: info@braintrical.com.au
- Location: South Penrith NSW 2750 & Victor Crescent, Forest Hill VIC 3131
- Phone: 02 8484 0354
- Mobile: 0426 421 625
- ABN: 65 649 229 292
- ACN: 649 229 292
- NSW Electrical Contractor Licence: 397602C
The accepted written quotation, scope of work and any expressly approved variation determine the work Braintric has agreed to perform. Work not reasonably included in that scope is not automatically included in the original price.
Braintric will assess the condition and explain its impact. If additional work is required because of a latent or pre-existing condition that was not reasonably identifiable beforehand, that work may be treated as a variation.
Yes. Braintric may stop or suspend affected work where conditions are unsafe, required isolation cannot be achieved, the work would be unlawful or continuing would create an unreasonable risk of injury or material property damage.
Variations should be approved in writing, such as by signed document, email, approved electronic communication or another method that clearly records customer authorisation. Where practicable, Braintric will identify the price and time effect before proceeding.
Only if a date is expressly stated as a fixed contractual commitment. Otherwise, project dates are estimates and may be affected by supply, access, safety, weather, authority requirements and other relevant circumstances.
Braintric is responsible for the work it agrees to perform on that equipment, but does not automatically warrant the design, quality, compatibility or manufacturer performance of equipment supplied by the customer.
Not automatically. Unless otherwise agreed, final project-specific documents are licensed for the site and purpose for which they were prepared. Reuse under different conditions should be technically reviewed first.
Contact Braintric promptly with the project details and a clear description of the issue. Braintric should be given reasonable access to inspect and, where appropriate, rectify work for which it is responsible, subject to statutory rights that cannot be excluded.