Terms and Conditions

Payment Terms

1.  Unless agreed in writing, payment in full must be made on completion of the specified works to Gentek Electrical Pty Ltd.ABN 40661684555

2.  Progress payments will be requested by prior arrangement where planned works take longer than 30 days, we reserve the right to request progress payments in the instance where works take longer than 30 days. 

3.  When agreed progress payments are not honoured by the Customer, the Contractor reserves the right to halt the Services until such time as the outstanding payment is forthcoming. 

4.  The Contractor may require a deposit from the Customer and the Customer acknowledges the Contractor is under no obligation to undertake any work as requested by the Customer until the deposit is received by the Contractor in full and when all details pertaining to contract are finalised.

Administration fees

5.  Should the Customer not pay the accounts for the goods or services supplied by within 7 Days of the credit terms as provided herein, or as agreed in writing by the Contractor from time to time, the Contractor will be entitled to charge an administration fee:

(a)      10 percent of the amount of the invoice payable (minimum $110) and/or;

(b)       a further 10 percent per annum payable per year, or part thereof, until full payment by the customer.

Interest  

6.  The Contractor may charge interest at 17% per annum calculated on a daily basis on amounts not paid within the Contractor’s payment terms. 

Acceptance by the Customer  

7.  Where the Contractor has given the Customer a quote: 

(a)      The Customer shall accept the quote by signing and returning a true copy of the quote accompanied by a purchase order number, if applicable; 

(b)      Quotes are valid for thirty (30) days only, unless an extension has been authorised by the Contractor; and 

(c)      The Customer warrants that it has not relied on any representation by the Contractor other than as supplied in writing in the quote

(d)      The Contractor may amend a quote, if not accepted within thirty (30) days from the date of the quote, to take into account any

Rise or fall in the cost of the Goods and Services as quoted, the Contractor shall notify the Customer of such amendment as soon as practicable thereafter. The Contractor will not be obliged to commence the Services until such time as the Customer agrees to the amendment of the quote. 

Pricing 

8.  If there is any error or omission in the Quote, the Contractor reserves the right to change the contract sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Prices on quotes are subject to final costing assessment .by Contractor. 

(a)      The costs quoted assume continuous and unhindered access to the site by prior arrangement with you.

(b)      Unless stated otherwise, the costs quoted assume standard working hours Monday-Friday. Work required outside these hours may attract out of hours premium rates.

(c)      Any additional work not covered in our quoted costs will attract additional time charge rate plus materials cost.

Force Majeure 

9.  The Contractor shall not be liable for any failure or delay in  supply or delivery of the products or works where such failure or delay is  wholly or partly due to any cause or circumstances whatsoever outside the  reasonable control of the Contractor, including, but not  limited to war, strikes, lockouts, industrial disputes or unrest, government  restrictions or intervention transport delays, fire, breakdown of  plant, shortage of supplies or labour, storm or tempest, theft, vandalism,  riots, civil commotions or accidents of any kind.  

 Products

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

 Cancellation  

11.  The Customer shall reimburse the Contractor for any costs, losses or expenses incurred by the Contractor should the Customer cancel an accepted quote.

Services above & below ground

12.  The Customer must clearly mark the exact location and identify all services above and below the ground that the Customer initiated at the Site, including but not limited to drains, pipes, sewers, mains and telephone and data cables, to enable the Contractor to prevent damage to all such services.

Should the Customer fail to provide the Contractor with the location of services the Customer has initiated, then the Customer shall indemnify the Contractor from any claim for costs, expenses, or losses. 

Do and charge

13.  The hourly rate for ‘Do and Charge’ work may change should the Contractor experience latent conditions or obstacles requiring the hire of special equipment to complete the work. Should the ‘Do and Charge’ work prove to be more substantial than first envisaged, then the Contractor reserves the right to raise a quote for the work.

Before any further work is performed by the Contractor the Customer must accept the quote in a manner as specified in section 7.  

Variation

14.  The Applicant agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Contractor at any time by written notice to the Customer.

Any proposed variation to these terms and conditions by the Applicant must be requested in writing. The Contractor may refuse any such request without providing reasons either orally or in writing. Variations requested by the Customer will only be binding upon the Contractor if they are accepted in writing.

Damages 

15.  The Customer must pay to the Contractor any costs, expenses or losses incurred by the Contractor as a result of the Customer’s failure to pay all sums outstanding, including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.

The Customer must pay for its own legal, accounting and business costs and all costs incurred by the Contractor relating to any default by the Customer. The Customer will pay the Contractors costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Customer, including collection costs, debt recovery fees and legal costs on an indemnity basis. Such costs and disbursements will be due and payable by the Customer to the Contractor irrespective of whether pursuit of the recovery action, claim or remedy is successful.

Title  

16.  Notwithstanding the delivery of the Goods or their installation, title in any particular Goods shall remain with the Contractor regardless of whether the Goods are on-sold by the Customer until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Contractor for the Goods, including all applicable GST and other taxes, levies and duties.

Where the Goods have been on-sold by the Customer, the Customer will be taken to hold the proceeds of sale of such Goods upon trust for the Contractor and to account to the Contractor for these proceeds. Any payment made by or on behalf of the Customer which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the Contractor’s title in the Goods nor the Customer’s indebtedness to the Contractor and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made. 

Bailment 

17.  The Customer acknowledges that it is in possession of the Goods solely as Bailee until payment of all invoices for the Goods is made, and until that time the Customer must not encumber or otherwise charge the Goods and the Customer shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery of the Goods.

Repossession  

18.  The Customer hereby irrevocably grants to the Contractor the right, at its sole discretion, to remove or repossess any Goods from the Customer and sell or dispose of them, and the Contractor shall not be liable to the Customer or any person claiming through the Customer.

The Contractor shall be entitled to retain the proceeds of any Goods sold and apply same towards the Customer’s indebtedness to the Contractor. If the Customer commits an act of bankruptcy, enters into any form of administration or  liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this  agreement, then the Contractor may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Customer on any account which has not been paid in accordance with the Terms and  Conditions herein and commence proceedings to recover the balance of any monies owing the Contractor by the Customer. 

Schedule of Warranties

19.  To the extent required by the Australian Consumer Law (“ACL”), the Contractor warrants that:  

a) the Works will be carried out in accordance with all relevant laws and legal requirements in an appropriate and skilful way, in accordance with the plans and specifications (where relevant) using Goods that are good and suitable for the purpose for which they are intended to be used and that, unless otherwise stated in the Contract, those Goods will be new.

b) each provisional sum item allowance, if calculated by the Contractor, has been calculated with reasonable skill and care, having regard to all the information reasonably available when the Contract is entered into (including information about the nature and location of the Site). 

The Contractor warrants that the Works are, and that Goods supplied are, free of defects at the time of completion and/or installation.

If the Contractor be directed to reuse any materials or components from the Site or elsewhere, then the Contractor will not accept any responsibility for the aesthetic finishes, structural entity or any warranties whatsoever attached to those materials or components. The Customer shall indemnify the Contractor from any costs, losses or expenses associated with the rectification or resupply of such materials or components.

Subject to the ACL, the Contractor does not have to fix any problem caused by misuse, abuse, wear and tear, damage caused by vermin, lizards and insects, or normal shrinkage or movement, minor colour variation in natural products, work done by others or any defects in Goods supplied by the Customer.

Non-excludable Rights  

20.  The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods and Services which cannot be excluded, restricted or modified by the contract (“Non-excludable Rights”).

Disclaimer of Liability  

21.  The Contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Contractor for a breach of a Non-Excludable Right is limited, at the Contractor’s option, to the supplying of the Goods and Services again or payment of the cost of having the Goods and Services supplied again.

Indirect Losses  

22.  Notwithstanding any other provision of these Terms and Conditions, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence, or breach of statutory duty or otherwise to compensate the Customer for: 

a) any increased costs or expenses; 

b) any loss of profit, revenue, business, contracts, or anticipated savings; 

c) loss or expense resulting from a claim by a third party; or any special, indirect, or consequential loss or damage of any nature whatsoever caused by the Contractor’s failure to complete or delay in completing the Services within a reasonable time. 

Force Majeure 

23.  The Contractor will have no liability to the Customer in relation to any loss, damage or expense caused by the Contractor’s failure to complete the Services or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Contractor’s normal suppliers to supply products or any other matter beyond the Contractor’s control. 

Privacy

24.  The Customer authorises the Contractor to collect, retain, record, use  and disclose commercial and/or consumer information about the Customer,  in accordance with the Privacy Act 1988 and the Privacy Principles outlined  in the Privacy Amendment Act 2012, to persons and/or legal entities who  are a solicitor or any other professional consultant engaged by the  Contractor, a debt collector, credit reporting body and/or any other  individual or organisation which maintains credit references and/or default  listings. This information may be given before, during or after the provision of credit to the Customer. 

Subject to the Privacy Principles outlined in the Privacy Amendment Act 2012, the Customer further authorises the Contractor to collect, retain, record, use and disclose personal information for the marketing of Goods and Services provided by the Contractor

Arbitration and Mediation 

25.  Any dispute or difference between the Customer and the Contractor may be notified by a party to the other party and the parties shall firstly meet to  negotiate, in good faith, resolution of the dispute and secondly, if  negotiation fails to achieve a resolution of the dispute within five (5)  working days of the notification of the dispute, attend mediation,  administered in accordance with procedures as set out by the Institute of  Arbitrators and Mediators Australia, provided that this provision shall not  prevent the Contractor from instituting legal action at any time to recover  monies owing by the Customer to the Contractor.

Security and Charge

26.  The Customer hereby charges all property, both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer under these Terms and Conditions or otherwise and hereby authorises the Contractor or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real  property owned by the Customer at any time. 

Non-Waiver 

27.  Failure by the Contractor to enforce or delay in enforcing any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged by in writing. 

Amendments to these Terms and Conditions 

28.  The Contractor reserves the right to vary these Terms and Conditions at any time with notice in writing to the Customer. Any subsequent signed quote or work order will represent the Customer’s agreement to these Terms and Conditions as amended. 

Governing Law and Jurisdiction 

29.  These Terms and Conditions are governed by the laws of the State of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland. All disputes arising between the Customer and the Contractor will be submitted to a court of competent jurisdiction in Queensland selected by the Contractor and such court shall possess territorial jurisdiction to hear and determine such proceedings. 

Severability  

30.  Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.