- “Pro Install Electrical” means Pro Install Electrical Proprietary Limited ATF LTW Trading Trust T/A Pro Install Electrical Proprietary Limited, its successors and assigns or any person acting on behalf of and with the authority of Pro Install Electrical Proprietary Limited ATF LTW Trading Trust T/A Pro Install Electrical Proprietary Limited.
- “Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
- “Goods” means all Goods or Services supplied by Pro Install Electrical to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
- “Price” means the Price payable for the Goods as agreed between Pro Install Electrical’s and the Client in accordance with clause 5.
- The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.
- These terms and conditions may only be amended with Pro Install Electrical’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Pro Install Electrical.
Electronic Transactions (Victoria) Act 2000:
- Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
Change in Control:
- The Client shall give Pro Install Electrical not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Pro Install Electrical as a result of the Client’s failure to comply with this clause.
Price and Payment:
At Pro Install Electrical sole discretion the Price shall be either:
- As indicated on any invoice provided by Pro Install Electrical to the Client; or
- The Price as at the date of delivery of the Goods according to Pro Install Electrical’s current price list; or
- Pro Install Electrical Quoted Price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
Pro Install Electrical reserves the right to change the Price.
- If a variation to the Goods which are to be supplied is requested; or
- If a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
- where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations, prerequisite work by any third party not being completed, obscured building defects, change of design, hard rock barriers below the surface etc) which are only discovered on commencement of the Services; or
- In the event of increases to Pro Install Electrical in the cost of labour or materials which are beyond Pro Install Electrical control.
- At Pro Install Electrical sole discretion a non-refundable deposit may be required.
- Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Pro Install Electrical, which may be:
- Goods/completion of the Services;
- By way of instalments/progress payments in accordance with Pro Install Electrical’s payment schedule;
- Thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
- The date specified on any invoice or other form as being the date for payment; or
- Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Pro Install Electrical.
- Payment may be made by cash, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and three-quarter percent (2.75%) of the Price for transactions above one thousand five hundred dollars ($1,500), or by any other method as agreed to between the Client and Pro Install Electrical.
- Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Pro Install Electrical an amount equal to any GST Pro Install Electrical must pay for any supply by Pro Install Electrical under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Delivery of Goods:
- Delivery (“Delivery”) of the Goods is taken to occur at the time that Pro Install Electrical (or Pro Install Electrical’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
- At Pro Install Electrical sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
- The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Pro Install Electrical shall be entitled to charge a reasonable fee for redelivery and/or storage.
- Further to clause 3 above, in the event that the Client fails to make the premises available to Pro Install Electrical at the pre-arranged time, Pro Install Electrical reserves the right to charge the Client for any costs incurred as a result of the Client’s failure, including, but not limited to, any loss of profits.
- Pro Install Electrical may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
- The Services commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Pro Install Electrical claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond Pro Install Electricals control, including but not limited to any failure by the Client to:
- Make a selection; or
- Have the site ready for the Services; or
- Notify Pro Install Electrical that the site is ready.
- Any time or date given by Pro Install Electrical to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and Pro Install Electrical will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
- Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
- If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Pro Install Electrical is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Pro Install Electrical is sufficient evidence of Pro Install Electrical’s rights to receive the insurance proceeds without the need for any person dealing with Pro Install Electrical to make further enquiries.
- If the Client requests Pro Install Electrical to leave Goods outside Pro Install Electrical’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
- The Client acknowledges that in the event asbestos or any other toxic substances are discovered at the worksite that it is their responsibility to ensure the safe removal of the same. The Client further agrees to indemnify Pro Install Electrical against any costs incurred by Pro Install Electrical as a consequence of such discovery. Under no circumstances will Pro Install Electrical handle removal of asbestos product.
- The Client warrants that any structures to which the Goods are to be affixed are able to withstand the installation of the Goods and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Goods once installed. If for any reason (including the discovery of asbestos, defective or unsafe wiring or dangerous access to roofing) that Pro Install Electrical, its employees or Pro Install Electrical’s reasonably form the opinion that the Client’s premises is not safe for the installation of Goods to proceed then Pro Install Electrical shall be entitled to delay installation of the Goods (in accordance with the provisions of clause 6 above) until Pro Install Electrical is satisfied that it is safe for the installation to proceed.
- All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the relevant Electrical Safety Regulations. All of the cabling work will comply with the Australian and New Zealand Wiring standards.
- If during the course of installation when the Services are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Pro Install Electrical, then Pro Install Electrical shall notify the Client immediately. The power if isolated will not be re-energised until such time as the existing condition has been rectified and made safe in accordance with the relevant Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Services including any Goods and labour shall be to the Client’s account.
- Any advice, recommendation, information, assistance or service provided by Pro Install Electrical in relation to Goods or Services supplied is given in good faith, is based on Pro Install Electrical’s own knowledge and experience and shall be accepted without liability on the part of Pro Install Electrical and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods or Services.
Accuracy of Client’s Plans and Measurements:
- Pro Install Electrical shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, Pro Install Electrical accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
- In the event the Client gives information relating to measurements and quantities of the Goods required to complete the Services, it is the Client’s responsibility to verify the accuracy of the measurements and quantities, before the Client or Pro Install Electrical places an order based on these measurements and quantities. Pro Install Electrical accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause.
- The Client shall ensure that Pro Install Electrical has clear and free access to the work site at all times to enable them to undertake the Services. Pro Install Electrical shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Pro Install Electrical.
- Prior to Pro Install Electrical commencing any work the Client must advise Pro Install Electrical of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
- Whilst Pro Install Electrical will take all care to avoid damage to any underground services the Client agrees to indemnify Pro Install Electrical in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 1.
- Pro Install Electrical and the Client agree that ownership of the Goods shall not pass until:
- The Client has paid Pro Install Electrical all amounts owing to Pro Install Electrical; and
- The Client has met all of its other obligations to Pro Install Electrical.
- Receipt by Pro Install Electrical of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
It is further agreed that:
- until ownership of the Goods passes to the Client in accordance with clause 1 that the Client is only a bailee of the Goods and must return the Goods to Pro Install Electrical on request.
- The Client holds the benefit of the Client’s insurance of the Goods on trust for Pro Install Electrical and must pay to Pro Install Electrical the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
- The Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Pro Install Electrical and must pay or deliver the proceeds to Pro Install Electrical on demand.
- The Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Pro Install Electrical and must sell, dispose of or return the resulting product to Pro Install Electrical as it so directs.
- The Client irrevocably authorises Pro Install Electrical to enter any premises where Pro Install Electrical believes the Goods are kept and recover possession of the Goods.
- Pro Install Electrical may recover possession of any Goods in transit whether or not delivery has occurred.
- The Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Pro Install Electrical.
- Pro Install Electrical may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
Personal Property Securities Act 2009 (“PPSA”):
- In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
- Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Client to Pro Install Electrical for Services – that have previously been supplied and that will be supplied in the future by Pro Install Electrical to the Client.
The Client undertakes to:
- Promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Pro Install Electrical may reasonably require to;
- Register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
- Register any other document required to be registered by the PPSA; or
- Correct a defect in a statement referred to in clause 3(a)(i) or 12.3(a)(ii);
- indemnify, and upon demand reimburse, Pro Install Electrical for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
- Not register a financing change statement in respect of a security interest without the prior written consent of Pro Install Electrical;
- Not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Pro Install Electrical;
- Immediately advise Pro Install Electrical of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
- Pro Install Electrical and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
- The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
- The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
- Unless otherwise agreed to in writing by Pro Install Electrical, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
- The Client must unconditionally ratify any actions taken by Pro Install Electrical under clauses 3 to 12.5.
- Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
Security and Charge:
- In consideration of Pro Install Electrical agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
- The Client indemnifies Pro Install Electrical from and against all Pro Install Electrical’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Pro Install Electrical’s rights under this clause.
- The Client irrevocably appoints Pro Install Electrical and each director of Pro Install Electrical as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA):
- The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify Pro Install Electrical in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Pro Install Electrical to inspect the Goods.
- Under applicable State, Territory and Commonwealth Law (including, without limitation the Competition and Consumer Act 2010), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the Competition and Consumer Act 2010) may be implied into these terms and conditions (Non-Excluded Guarantees).
- Pro Install Electrical acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Pro Install Electrical makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Pro Install Electrical’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- If the Client is a consumer within the meaning of the Competition and Consumer Act 2010, Pro Install Electrical’s liability is limited to the extent permitted by section 64A of Schedule 2.
- If Pro Install Electrical is required to replace the Goods under this clause or the Competition and Consumer Act 2010, but is unable to do so, Pro Install Electrical may refund any money the Client has paid for the Goods.
- If the Client is not a consumer within the meaning of the Competition and Consumer Act 2010, Pro Install Electrical’s liability for any defect or damage in the Goods is:
- Limited to the value of any express warranty or warranty card provided to the Client by Pro Install Electrical at Pro Install Electrical’s sole discretion;
- Limited to any warranty to which Pro Install Electrical is entitled, if Pro Install Electrical did not manufacture the Goods;
- Otherwise negated absolutely.
Subject to this clause 14, returns will only be accepted provided that:
- The Client has complied with the provisions of clause 1; and
- Pro Install Electrical has agreed that the Goods are defective; and
- The Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
- The Goods are returned in as close a condition to that in which they were delivered as is possible.
Notwithstanding clauses 1 to 14.8 but subject to the Competition and Consumer Act 2010, Pro Install Electrical shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- The Client failing to properly maintain or store any Goods;
- The Client using the Goods for any purpose other than that for which they were designed;
- The Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
- The Client failing to follow any instructions or guidelines provided by Pro Install Electrical;
- Fair wear and tear, any accident, or act of God.
- Pro Install Electrical may in its absolute discretion accept non-defective Goods for return in which case Pro Install Electrical may require the Client to pay handling fees of up to twenty-five percent (25%) of the value of the returned Goods plus any freight costs.
- Notwithstanding anything contained in this clause if Pro Install Electrical is required by a law to accept a return then Pro Install Electrical will only accept a return on the conditions imposed by that law.
- Where Pro Install Electrical has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of Pro Install Electrical.
- The Client warrants that all designs, specifications or instructions given to Pro Install Electrical will not cause Pro Install Electrical to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Pro Install Electrical against any action taken by a third party against Pro Install Electrical in respect of any such infringement.
- The Client agrees that Pro Install Electrical may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Pro Install Electrical has created for the Client.
Default and Consequences of Default:
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Pro Install Electrical’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- If the Client owes Pro Install Electrical any money the Client shall indemnify Pro Install Electrical from and against all costs and disbursements incurred by Pro Install Electrical in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Pro Install Electrical’s contract default fee, and bank dishonour fees).
- Further to any other rights or remedies Pro Install Electrical may have under this contract, if a Client has made payment to Pro Install Electrical by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Pro Install Electrical under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.
- Without prejudice to any other remedies Pro Install Electrical may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Pro Install Electrical may suspend or terminate the supply of Goods to the Client. Pro Install Electrical will not be liable to the Client for any loss or damage the Client suffers because Pro Install Electrical has exercised its rights under this clause.
- Without prejudice to Pro Install Electrical’s other remedies at law Pro Install Electrical shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Pro Install Electrical shall, whether or not due for payment, become immediately payable if:
- Any money payable to Pro Install Electrical becomes overdue, or in Pro Install Electrical’s opinion the Client will be unable to make a payment when it falls due;
- The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Compliance with Laws:
- The Client and Pro Install Electrical shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
- The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services.
- The Client agrees that the site will comply with any relevant work health and safety laws and any other relevant safety standards or legislation.
- Pro Install Electrical may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Pro Install Electrical shall repay to the Client any money paid by the Client for the Goods. Pro Install Electrical shall not be liable for any loss or damage whatsoever arising from such cancellation.
- In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by Pro Install Electrical as a direct result of the cancellation (including, but not limited to, any loss of profits).
- Cancellation of orders for Goods made to the Client’s specifications, or for non-stock list items, will definitely not be accepted once production has commenced, or an order has been placed.
- If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
- referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
- conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
Privacy Act 1988:
- The Client agrees for Pro Install Electrical to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by Pro Install Electrical.
- The Client agrees that Pro Install Electrical may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
- To assess an application by the Client; and/or
- To notify other credit providers of a default by the Client; and/or
- To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
- To assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
- The Client consents to Pro Install Electrical being given a consumer credit report to collect overdue payment on commercial credit.
- The Client agrees that personal credit information provided may be used and retained by Pro Install Electrical for the following purposes (and for other agreed purposes or required by):
- The provision of Goods; and/or
- Analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
- Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
- Enabling the collection of amounts outstanding in relation to the Goods.
Pro Install Electrical may give information about the Client to a CRB for the following purposes:
- To obtain a consumer credit report;
- Allow the CRB to create or maintain a credit information file about the Client including credit history.
The information given to the CRB may include:
- Personal information as outlined in 1 above;
- Name of the credit provider and that Pro Install Electrical is a current credit provider to the Client;
- Whether the credit provider is a licensee;
- Type of consumer credit;
- Details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
- advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Pro Install Electrical has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
- Information that, in the opinion of Pro Install Electrical, the Client has committed a serious credit infringement;
- Advice that the amount of the Client’s overdue payment is equal to or more than one hundred dollars ($100).
The Client shall have the right to request (by e-mail) from Pro Install Electrical:
- A copy of the information about the Client retained by Pro Install Electrical and the right to request that Pro Install Electrical correct any incorrect information; and
- That Pro Install Electrical does not disclose any personal information about the Client for the purpose of direct marketing.
- Pro Install Electrical will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
- The Client can make a privacy complaint by contacting Pro Install Electrical via e-mail. Pro Install Electrical will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at oaic.gov.au.
Unpaid Seller’s Rights:
- Where the Client has left any item with Pro Install Electrical for repair, modification, exchange or for Pro Install Electrical to perform any other service in relation to the item and Pro Install Electrical has not received or been tendered the whole of any moneys owing to it by the Client, Pro Install Electrical shall have, until all moneys owing to Pro Install Electrical are paid:
- A lien on the item; and
- the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
- The lien of Pro Install Electrical shall continue despite the commencement of proceedings, or judgment for any moneys owing to Pro Install Electrical having been obtained against the Client.
Building and Construction Industry Security of Payment Act 2002:
- At Pro Install Electrical’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 may apply.
- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 of Victoria, except to the extent permitted by the Act where applicable.
- The failure by Pro Install Electrical to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Pro Install Electrical’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which Pro Install Electrical has its principal place of business, and are subject to the jurisdiction of the Dandenong Courts in that state.
- Subject to clause 14 Pro Install Electrical shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Pro Install Electrical of these terms and conditions (alternatively Pro Install Electrical’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
- The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Pro Install Electrical nor to withhold payment of any invoice because part of that invoice is in dispute.
- Pro Install Electrical may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
- The Client agrees that Pro Install Electrical may amend these terms and conditions at any time. If Pro Install Electrical makes a change to these terms and conditions, then that change will take effect from the date on which Pro Install Electrical notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Pro Install Electrical to provide Goods to the Client.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
- Twelve (12) months warranty on installation and service, materials and products as per manufacturer’s warranty period.