TERMS AND CONDITIONS OF SALE FOR QUALITY CARE ELECTRICAL

TERMS OF SUPPLY

These are the Terms and Conditions of Quotation and Sale (“Terms and Conditions”) of all products and services supplied by Quality Care Electrical (QCE), except as otherwise expressly agreed upon in writing between the parties, the following Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any document or agreement between the Customer and QCE.

1. Definitions

“Customer” means the person/s placing the order for Works and/or products supplied by QCE to the Customer as specified in any invoice, document or order. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.

“Quote” means any document containing a price for Works, including but not limited to Tax Invoices, quotations generated by computer or tablet devices or handwritten quotations.

“Works” means any services rendered, products delivered or any future or completed work done by QCE.

2. Binding Nature

All orders placed with QCE shall only be accepted subject to these Terms and Conditions. The Customer has exclusively accepted and is immediately bound by these Terms and Conditions if the Customer places an order for the product/s or services, signs any Quote, pays the deposit, continues to provide instructions and/or accepts the product/s or Works.

3. Pricing

3.1             Upon acceptance of the Quote by the Customer, QCE may require a deposit to be paid prior to any Works being commenced by QCE. This deposit is at the sole discretion of QCE.

3.2             QCE reserves the right to invoice in stage payments, stages include pre-work, rough in completion, fit off/ job completion. The requirement for staged payments is at the sole discretion of QCE.

3.4             QCE reserves the right to make any changes to the quotation including but not limited to the contract sum if either: (i) a variation is requested by the Customer, or (ii) a Quote has not been fulfilled within 30 days of the date the Quote was produced. Any variation from the quotation, schedule works or specifications will allow QCE the right to stop the progress of any works until QCE and the Customer agree to changes. Payment for all variations must be made in full at the time which they are raised.

4. Terms of Payment

4.1             Payment terms are strictly 7 days from invoice date unless otherwise agreed upon and documented in the quote.

4.2             If the customer fails to make payment in accordance with clause 4.1 QCE shall be entitled to:

(i) Require the payment of cash upon delivery and commencement of any further Works;

(ii) Charge default interest at the rate of 10% per annum on all overdue amounts (including late payment charges and amounts other than the contract sum) calculated on a day to day basis on any monies due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but is a true measure of damages incurred by QCE. Payments received from the Customer will be credited first against any default interest and all such charges shall be payable upon demand;

(iii) Claim from the Customer all costs relating to any action taken by QCE to recover moneys or goods due from the Customer including, but not limited to, any legal costs and disbursements on a solicitor-client basis;

(iv) Cease any further Works for the Customer and terminate any agreement in relation to services and/or products that have not been provided or delivered; and

5. Property and Risk

All equipment supplied and installed by QCE remains the property of the QCE until all monies outstanding to the Company in connection with these Terms and Conditions have been paid.

In the event of a default by the Customer, then without prejudice to any other rights which QCE may have at law or under this contract:

  1. i) QCE or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
  2. ii) QCE may recover and resell the Goods.

6. Products and Works

If any products and Works specified within this quotation are unavailable at the time of the works being carried out, QCE in its absolute discretion may substitute a reasonable alternative.

7. Warranties

7.1             To the extent required by statute, subject to the conditions of warranty as may be set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth)QCE warrants that if a defect in any of the Works carried out by QCE is reported to QCE within 12 months of the date of completion, then QCE will either replace or remedy the Works subject to these Terms and Conditions.

7.2             This warranty will not be applicable in any of the following:

(i) Defect or damage caused which may be caused or partly caused by or arising through the failure of the Customer to properly maintain any Works, follow any instructions or guidelines provided by QCE, use of any Works in any other way than is outlined in the quotation or by the Customer’s negligence.

(ii) The Customer continues to use any of the works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.

(iii) The Customer allows someone other than a licensed professional to deal with the products.

(iv) If the works fail due to fair wear and tear, any accident or act of God.

7.3             The warranty shall cease and QCE shall thereafter in no circumstances be liable under the terms of the warranty if the works are repaired, altered or overhauled without QCE’s express written consent.

7.4             Components and parts from third party suppliers are subject to the same warranty (if any) as is extended to QCE by the supplier.

8. Work Site Access

We have based our offer on free and unrestricted access to all required work areas.

9. Personal Property Securities Act 2009 (“PPSA”)

9.1             The Customer acknowledges and agrees that:

(i) this agreement constitute a security agreement for the purposes of the PPSA and creates a registrable security interest under the PPSA in all materials supplied or will be supplied by QCE to the Customer;

(ii) QCE has the right to register a financing statement under the PPSA with respect to the security interest created by this agreement;

(iii) if QCE registers a security interest under the PPSA, QCE may exercise any or all remedies afforded to it as a secured party, without prejudice to any other rights or remedies arising out of a breach by the Customer of any agreement with QCE; and

(iv) the materials supplied or will be supplied by QCE to the Customer are collateral for the purposes of the PPSA.

10. PRIVACY STATEMENT

All “personal information” (as defined in the Privacy Act 1988) supplied by the customer will be used by QCE for the purposes of administering invoices, quotes, collection of monies owed, lodgement of required forms to government bodies (energy safety) only. The personal details of the customer will never be given out without direct permission from the customer or the disclosure is required or authorised by law. For the purpose of enforcing its rights under this Agreement, QCE may at times be required to disclose personal information to third parties such as debt collection agencies and legal service providers.

11. General

11.1           If any clause or part thereof of these Terms and Conditions is invalid or not enforceable in accordance with its terms, all other terms or parts thereof which are self-sustained and capable of separate enforcement without regard to the invalid or unenforceable clause or part thereof is and will continue to be valid and enforceable in accordance with its term.

11.2           The Customer agrees that these Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria.

11.3           Subject to other clauses in these Terms and Conditions and implied provisions, QCE shall not be liable whatsoever to the Customer for any indirect, consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by QCE of these Terms and Conditions. In the alternative, QCE’s liability shall be limited to damages not exceeding the contract sum of the order.

11.4           QCE may assign all or any part of its rights and obligations without the Customer’s consent.