ELECTRICAL INSPECTIONS VICTORIA PTY LTD

 

Standard Terms & Conditions of Trade

 

1. Definitions

 

In this document:

 

"Client" means any party engaging the services of EIV, either verbally or in writing, and has the same meaning as buyer, customer, consumer or purchaser.

 

"Energisation" means the application or instatement of electrical energy.

 

"EIV" means Electrical Inspections Victoria Pty Ltd (ACN 083 617 038).

 

"Event of Default" means where the Client:

 

(a) Is a company and an application is made to wind-up the Client or a Receiver, and Manager, Official Manager, Agent for Mortgagee or an Administrator is appointed in respect of the Client's property, or an Inspector is appointed to investigate any of its affairs; or makes an arrangement or composition with its creditors or proposes to do so;
(b) Is unable to pay its debts as they fall due;
(c) Ceases or threatens to cease to carry on its business;
(d) Has execution levied against any of its assets; or
(e) Has a mortgagee enter, or seek to enter into possession of any of its assets;

 

"Goods" means products, materials, tangible goods, tangible items, tangible parts, tangible products or tangible benefits.

 

"Service" means design, inspection work, work, consultancy, intangible goods, intangible products or intangible benefits.

 

"Site of the Works" means a single location or multiple locations relating to the performance of work by EIV for the Client or for the delivery of Goods by EIV for the Client, other than the premises of EIV.

 

2. Agreement

 

a. In engaging EIV for the performance of any work, supply of Service or for the supply of any Goods, the Client acknowledges acceptance of the associated costs and charges and agrees to abide by the terms and conditions set out herein.

 

b. In the absence of a written agreement between the Client and EIV detailing a fixed scope of work and an associated fixed price for the provision of Goods or Services by EIV, the cost for such shall be borne by the Client on a do and charge basis. The charges and rates for products, materials, goods and services provisioned by EIV on a do and charge basis may be varied from time-to-time at the discretion of EIV.

 

c. Where a written agreement exists between the Client and EIV for the provision of Goods or Services by EIV and the Client or any of its agents varies any conditions affecting such, including but not limited to design, quantity, type, brand, colour, location, hours of work or site access, then EIV shall be entitled to vary the agreed price to take into account such changes.

 

3. Estimates & Quotations

 

a. All prices quoted by EIV are exclusive
of GST (Goods and Services Tax), any applicable taxes, delivery charges, any after sale services costs and any payment that may be required to any statutory body unless otherwise stated.

 

b. All prices quoted by EIV are valid for
thirty days from the date of issue unless otherwise stated.

 

c. All prices quoted by EIV and detailed as
“Budget Price” or “Budget Estimate” or wording with similar meaning are best estimates only and do not constitute a fixed price offer and are subject to alteration without notice to the Client.

 

4. Risk

 

a. EIV shall not be responsible for any loss or damage to Goods in transit.

 

b. Risk of loss or damage to the Goods will pass to the Client on delivery to the Site of the Works.

 

5. Title

 

a. Title in any products, materials or Goods sold or installed during the course of any works, or in the course of supply by EIV shall pass to the Client only upon payment in full in cleared funds of an associated Tax Invoice issued by EIV and payment in full in cleared funds of all other money owing by the Client on any other account, whether or not the account relates to the sale of Goods.

 

b. EIV shall retake the right to enter the Client's premises without liability for trespass to seize the Goods subject of a Tax Invoice unpaid as contemplated by clause 5a. .

 

c. EIV may recover the price of any Goods by action, and may apply to wind up or bankrupt the Client if the Goods are not paid for within EIV's usual credit terms, even though property in the Goods has not passed to the Client.

 

d. This provision applies irrespective of any arrangement under which EIV provides the Client with credit. These provisions apply to the extent of any inconsistency between the two.

 

6. Payment

 

a. Payment terms are subject to the Client's application for credit being approval by EIV and whether otherwise agreed in writing, terms for payment are strictly 7 days from the date of issue of a complying Tax Invoice by EIV.

 

b. If any payment is delayed by the Client beyond the terms stipulated herein, EIV may charge interest on the delayed payment from the due date to the date of actual payment at the rate of seven percentage points (7%) above (the official Reserve Bank lending rate or penalty interest rate under the Interest Rates Act 1983 (Vic), which ever is the lower.

 

c. All money which the Client owes EIV for Services and Goods (including amounts which would not otherwise be payable until a later date) become immediately due and payable if an Event of Default occurs.

 

7. Warranties

 

a. EIV warrants all work performed by its employees and its authorised agents against defective workmanship and against defective Goods for a period of 12 months. Such 12 month period commences upon the earliest of:

 

i. The completion or energisation of the (associated) work; or
ii. The completion or energisation of an identifiable and relative
portion of the associated work; or
iii. The receipt of the associated Goods by the Client where the service provided by EIV encompasses nothing other than supply of Goods.

 

b. If EIV receives notice of defective Goods, it must either replace the defective Goods or supply equivalent Goods, repair the defective Goods, pay any reasonable cost of replacement of defective Goods, pay any reasonable cost of repairing the defective Goods, the choice of which is at its option.

 

c. Any otherwise applicable warranty shall be voided by:
i. Modification to any work performed by EIV, or modification to any products, materials or Goods supplied by EIV by any party other than the employees or authorised agents of EIV; or
ii. Failure by any party to sufficiently maintain any associated work performed by EIV, or failure to sufficiently maintain any associated products, materials or goods supplied by EIV; or
iii. Misuse or use by any party in any manner other than that intended of any work performed by EIV, or misuse, neglect, abuseor use in any manner other than that intended Goods supplied by EIV.

 

d. Except to the extent that the exclusion, restriction or modification of certain conditions, warranties and rights is prohibited in the context of these terms and conditions by the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation or the Vienna Sales Convention as may apply to the supply of Goods hereunder, the above warranties are in lieu of, and the Client hereby waives and EIV disclaims, all other warranties, whether written or oral, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

 

8. Risk & Liability

 

a. EIV's liability is limited to the extent described in Section 7 above. Notwithstanding Section 7 above in no event will EIV be liable for any of the following: actual loss or direct damage that is not listed in 7 above, damage for loss relating to the Client's procurement of substitute Goods, incidental, special economic or consequential damages.

 

b. The Client retains liability for all risks associated with any work, in part or in full, performed by EIV on the Site Of The Works, and for all risks associated with any products, materials or goods supplied or installed, in part or in full, on the Site Of The Works at all times. The onus for insurance against such risks rests with the Client.

 

c. The Client shall ensure that the employees and agents of EIV in carrying out work for the Client shall not be exposed to any risk to health or safety. The Client shall fully indemnify EIV in the event that an employee or agent of EIV sustains injury or deterioration of health in consequence of a breach of these terms and conditions.

 

9. Intellectual Property

 

a. EIV retains the rights to, and ownership of, any intellectual property associated with or arising from the performance of any design or work for the Client unless otherwise stated.

 

10. Right to Change

 

a. EIV reserves the right to modify the contents of this document at its absolute discretion.

 

11. Termination

 

a. EIV has the right to immediately terminate any agreement between the Client and EIV should an Event of Default occur. This termination shall not limit any other rights EIV may have at or upon termination, including the right to be paid for outstanding invoices.

 

b. In the event that the Client purports to terminate any agreement between the Client and EIV or fails to abide by the terms and conditions herein, EIV shall be entitled to retain or charge to the Client one hundred percent (100%) of the tax invoice price or in the event that a tax invoice has not been rendered the quoted price.

 

12. Severance

 

If any provision of these terms and conditions shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and this Agreement shall be construed so as to most nearly give effect to the parties' intention when it was originally executed.

 

13. Assignment

 

These terms and conditions shall be binding upon and inure for the benefit of the successors in title of the parties but shall not be assignable by the Client without the prior written consent of EIV.