TERMS OF TRADE
1.1 “H.E.” shall mean Hornsby Electric Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Hornsby Electric Pty Ltd.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by H.E. to the Client.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Works” shall mean work undertaken by H.E. (and where the context so permits shall include any supply of Materials as hereinafter defined), as described on the invoices, quotation, work authorisation or any other forms as provided by H.E. to the Client and includes any advice or recommendations.
1.5 “Materials” shall mean materials:
(a) required to complete the Works; and/or
(b) supplied by H.E. to the Client (and where the context so permits shall include any supply of Works as hereinafter defined) and are as described on the invoices, quotation, order or any other forms as provided by H.E. to the Client.
1.6 “Price” shall mean the price payable for the Works as agreed between H.E. and the Client in accordance with clause 5 of this contract.
2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair-Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
3.1 Any instructions received by H.E. from the Client pertaining to the Works and/or Materials and/or the Client’s acceptance of Works undertaken and/or Materials supplied by H.E. shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of H.E.
3.4 The Client shall give H.E. not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by H.E. as a result of the Client’s failure to comply with this clause.
3.5 Works are undertaken and/or Materials are supplied by H.E. only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4.1 H.E. reserves the right to change the Price in the event of a variation to H.E.’s quotation. Any variation from the plan of scheduled Works or specifications, including but not limited to, any variation as a result of additional Works required due to hidden or unidentifiable difficulties that can only be ascertaining upon commencement of the Works, then the cost of any additional or altered work shall be borne by the Client and treated as variation and the Price adjusted accordingly.
4.2 Where additional Works are required as a result of pre-existing sub-standard / non-compliant / faulty work, substandard materials, or because of any material which is required to be replaced or removed to carry out the Works, then H.E. shall not be liable for any loss or damage suffered by the Client in relation to the Works where such loss or damage results from the state or condition of the Client’s existing building or structure and the effect of such state or condition on the Works, or the effect of the Works on the existing building or structure which could not reasonably have been foreseen by H.E. during the course of the Works.
4.3 The Client acknowledges that all Works are carried out during H.E.’s normal trading weekday Where the Client requests the performance of Works outside of these trading hours, then the Client shall be liable for all additional costs incurred by H.E.
5. Price and Payment
5.1 At H.E.’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by H.E. to the Client in respect of Works undertaken and/or Materials supplied; or
(b) H.E.’s quoted Price (subject to clause 4) which shall be binding upon H.E. provided that the Client shall accept H.E.’s quotation in writing within thirty (30) days.
5.2 At H.E.’s sole discretion:
(a) a non-refundable deposit may be required; and/or
(b) payment shall be due on completion of the Works; or
(c) payment shall be due prior to commencement of the Works; or
(d) payment for approved Clients shall be made by instalments in accordance with the “stages of completion” schedule or as agreed to between the Client and H.E.; or
(e)detailed payment claims may be submitted by H.E. at intervals not less than monthly for Works performed up to the end of each month. The value of Works so performed shall include the reasonable value of authorised variations and the value of Materials delivered to the site but not yet installed.
5.3 Time for payment for the Works and/or Materials shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due seven (7) days following the date of the invoice.
5.4 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to five percent (5.0%) of the Price), or by direct credit, or by any other method as agreed to between the Client and H.E.
5.5 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
6. 1 Subject to clause 2 it is H.E.’s responsibility to ensure that the Works start as soon as it is reasonably possible.
6.2 The Works commencement date will be put back and the duration of the Works extended by whatever time is reasonable in the event that H.E. claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond H.E.’s control including but not limited to any failure by the Client to:
(a) make a selection; or
(b) have the site ready for installation; or
(c) notify H.E. that the site is ready.
6.3 At H.E.’s sole discretion delivery of the Materials shall take place when the Client takes possession of the Materials at the Client’s nominated address (in the event that the Materials are delivered by H.E. or H.E.’s nominated carrier).
6.4 At H.E.’s sole discretion the costs of delivery are included in the Price.
6.5 The Client shall make all arrangements necessary to take delivery of the Materials whenever they are tendered