In these conditions unless the context otherwise requires:
- Supplier means BRB Electrical Contractor & Services (ABN 60 142 946 405).
- Buyer means the person, or company buying the services from the Supplier.
- Service/s mean the products and/or services being purchased by the Buyer from the Supplier.
- Contract means the contract between the Supplier and the Buyer for the purchase of the Services.
- Contract price means the price of the Service as agreed between the Buyer and the Supplier.
- Date of the contract means -
- where the contract arises from a quotation given by the Supplier, the date the Buyer notifies the Seller of acceptance of the quotation by the Buyer; or
- where, in the absence of a Quotation, the contract arises from a request, order or instruction (collectively the “order”) by the Buyer to the Supplier, the date of its acknowledgement by the Supplier.
- Quotation shall mean the offered price for named Services only
- The Buyer may request a Quotation from the Supplier setting out the price and nature of the Services to be supplied. The Buyer may accept the quotation within 7 days (domestic clients) or 30 days (commercial clients) of the date of the Quotation, after which time the Quotation lapses.
- The Quotation is an estimate of the services required by the Buyer at the time of its creation and is subject to variation where there has been an increase or decrease in product costs to the Supplier or there has been a variation in circumstances which were unforseen at the creation of the quotation and not taken into account when assessing the extent and cost of the job.
Acceptance by the Buyer of of these terms and conditions governing the supply of the Services will be evidenced i) by the Buyer signing and returning the Quotation to the Supplier, ii) by Buyer indicating acceptance in a letter or email to the relevant address provided by the Supplier, iii) by the Buyer giving the Supplier a verbal acceptance of the Quotation or, in the absence of a quotation, by an order from the Buyer to the Supplier to commence supply of the Services. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Supplier shall apply to all orders for the Services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to the Buyer or the Buyer is advised of the existance of the these conditions on the Supplier’s website and accordingly any Quotation acceptance or order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
- The Price shall be as indicated on invoices provided by the Supplier to the Buyer in respect of Services supplied; or for an order in the absence of a Quotation, the supplier’s current Price at the date of delivery of any Service.
- Payment of an invoice is required within 7 days of its date. Reimbursement of the cost of supplying products purchased from third parties is payable upon delivery of the products.
- The Supplier reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.
- Payment may be made by cash, cheque, bank cheque, or by electronic funds transfer to a nominated bank account.
- Where an interim invoice has been provided and payment not received within 7 days, or reimbursement of the cost of supplying products purchased from third parties has not been paid upon delivery of the products, the Supplier may cease supply of the Service until payment is received. This is without prejudice to any other remedy for payment that the Supplier may pursue.
- The Buyer acknowledges that invoiced amounts that remain unpaid after 7 days (or such other period as agreed in writing) of the date of an invoice are recoverable from the Buyer as a debt.
- Where invoices remain unpaid after 7 days from their date or the Supplier believes the Buyer is unable to meet its debts as and when they fall due, the Supplier shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed and all amounts owing to the Supplier shall, whether or not due for payment, immediately become payable.
- The Supplier will not be liable to the Buyer for any loss or damage the Buyer suffers because the Supplier exercised its rights under this clause.
7. Reservation of title and the Personal Property Securities Act 1999.
- Ownership and title of the goods remains with the Supplier until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to the Supplier, have been paid in full.
- The Contract constitutes a security interest in the goods supplied by the Supplier to the Buyer for the purposes of the Personal Property Securities Act 1999 as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.
- The Buyer agrees to treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security interest and any unsecured creditors, regardless of whether the goods have become fixtures at any time before payment has been made for them.
8. Dispute resolution
The Supplier will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
The Supplier warrants that it will repair or make good any defects in the Services supplied if written notice of any such defect is received by the Supplier within thirty (30) days from the date the Services were completed.
The Supplier shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Supplier’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Supplier, its servants, agents or contractors, nor shall the Supplier be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Supplier against any claim by any such person.
The Buyer acknowledges receiving notification of the existence of these Terms and Conditions of Trade and receiving, reading, understanding and accepting these Terms and Conditions of Trade prior to commencement of the Service by the Supplier.
BRB Electrical Contractor & Services
Terms and Conditions of Trade