720 Electrical Pty Ltd (seven20electrical) – Terms & Conditions of Trade 

  1. Definitions 

1.1 “720 Electrical Pty Ltd (seven20electrical)” shall mean 720 Electrical Pty Ltd (seven20electrical), its successors and assigns or any person acting on behalf of and with the authority of 720 Electrical Pty Ltd (seven20electrical). 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 720 Electrical Pty Ltd (seven20electrical) to the  Client.

1.3 “Guarantor” means that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4 “Equipment” shall mean all Equipment including any accessories supplied on hire by 720 Electrical Pty Ltd (seven20electrical) to the Client (and where the context so permits shall include any supply of services). The Equipment  shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by 720 Electrical Pty Ltd (seven20electrical) to the Client.

1.5 “Goods” shall mean all Goods supplied by 720 Electrical Pty Ltd (seven20electrical) to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices,  quotation, work authorisation or any other forms as provided by 720 Electrical Pty Ltd (seven20electrical) to the Client.

1.6 “Services” shall mean all Services supplied by 720 Electrical Pty Ltd (seven20electrical) to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined  above).

1.7 “Price” shall mean the Price payable for the Goods as agreed between 720 Electrical Pty Ltd (seven20electrical) and the Client in accordance with clause 4 of this contract. 2. The Competition and Consumer Act 2010 (“CCA”) 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 CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment  thereof), except to the extent permitted by those Acts where applicable.

2.2 Where the Client buys Goods as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights. 3. Acceptance 

3.1 Any instructions received by 720 Electrical Pty Ltd (seven20electrical) from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by 720 Electrical Pty Ltd (seven20electrical) 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 720 Electrical Pty Ltd (seven20electrical). 3.4 The Client shall give 720 Electrical Pty Ltd (seven20electrical) 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 720 Electrical Pty Ltd (seven20electrical) as a result of the  Client’s failure to comply with this clause.

3.5 Goods are supplied by 720 Electrical Pty Ltd (seven20electrical) 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.

  1. Price and Payment 

4.1 At 720 Electrical Pty Ltd (seven20electrical)’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by 720 Electrical Pty Ltd (seven20electrical) to the Client in respect of Goods supplied; or

(b) 720 Electrical Pty Ltd (seven20electrical)’s quoted Price (subject to clause 4.2) which shall be binding upon 720 Electrical Pty Ltd (seven20electrical) provided that the Client shall accept 720 Electrical Pty Ltd  (seven20electrical)’s quotation in writing within thirty (30) days.

4.2 720 Electrical Pty Ltd (seven20electrical) reserves the right to change the Price in the event of a variation to 720 Electrical Pty Ltd (seven20electrical)’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 such as hard rock barriers below the surface or iron reinforcing rods in concrete, or due to weather delays  or restrictions, or due to fluctuations in the currency exchange rate, or as a result of increases to 720 Electrical Pty Ltd (seven20electrical) in the cost of materials and labour) will be charged for on the basis of 720 Electrical Pty Ltd  (seven20electrical)’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

4.3 720 Electrical Pty Ltd (seven20electrical) may submit detailed progress payment claims in accordance with 720 Electrical Pty Ltd (seven20electrical)’s specified payment schedule. Such payment claims may include the reasonable  value of authorised variations and the value of any materials delivered to the site but not yet installed.

4.4 At 720 Electrical Pty Ltd (seven20electrical)’s sole discretion a deposit may be required.

4.5 At 720 Electrical Pty Ltd (seven20electrical)’s sole discretion payment shall be due on delivery of the Goods.

4.6 Time for payment for the Goods 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 thirty (30) days following the date of the invoice. 4.7 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by direct credit, or by any other method as agreed to between the Client and 720 Electrical Pty Ltd (seven20electrical).

4.8 No allowance has been made in the Price for the deduction of retentions. In the event that retentions are made, 720 Electrical Pty Ltd (seven20electrical) reserves the right to treat retentions as placing the Client’s account into  default.

4.9 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.

  1. Delivery of Goods 

5.1 At 720 Electrical Pty Ltd (seven20electrical)’s sole discretion delivery of the Goods shall take place when the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by 720  Electrical Pty Ltd (seven20electrical) or 720 Electrical Pty Ltd (seven20electrical)’s nominated carrier).

5.2 At 720 Electrical Pty Ltd (seven20electrical)’s sole discretion the costs of delivery are included in the Price.

5.3 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then 720 Electrical Pty Ltd  (seven20electrical) shall be entitled to charge a reasonable fee for redelivery.

5.4 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

5.5 720 Electrical Pty Ltd (seven20electrical) may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions. 5.6 The failure of 720 Electrical Pty Ltd (seven20electrical) to deliver shall not entitle either party to treat this contract as repudiated.

5.7 720 Electrical Pty Ltd (seven20electrical) shall not be liable for any loss or damage whatsoever due to failure by 720 Electrical Pty Ltd (seven20electrical) to deliver the Goods (or any of them) promptly or at all, where due to  circumstances beyond the control of 720 Electrical Pty Ltd (seven20electrical).

  1. Risk 

6.1 If 720 Electrical Pty Ltd (seven20electrical) retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, 720 Electrical Pty Ltd (seven20electrical) is entitled to receive all insurance proceeds payable for the Goods. The  production of these terms and conditions by 720 Electrical Pty Ltd (seven20electrical) is sufficient evidence of 720 Electrical Pty Ltd (seven20electrical)’s rights to receive the insurance proceeds without the need for any person  dealing with 720 Electrical Pty Ltd (seven20electrical) to make further enquiries.

  1. Access 

7.1 The Client shall ensure that 720 Electrical Pty Ltd (seven20electrical) has clear and free access to the work site at all times to enable them to undertake the works. 720 Electrical Pty Ltd (seven20electrical) shall not be liable for any  loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of 720 Electrical Pty Ltd (seven20electrical). 8. Underground Locations 

8.1 Prior to 720 Electrical Pty Ltd (seven20electrical) commencing any work the Client must advise 720 Electrical Pty Ltd (seven20electrical) of the precise location of all underground services on the site and clearly mark the same. The  underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes,  telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.

8.2 Whilst 720 Electrical Pty Ltd (seven20electrical) will take all care to avoid damage to any underground services the Client agrees to indemnify 720 Electrical Pty Ltd (seven20electrical) in respect of all and any liability claims, loss,  damage, costs and fines as a result of damage to services not precisely located and notified as per clause 8.1.

  1. Title 

9.1 720 Electrical Pty Ltd (seven20electrical) and the Client agree that ownership of the Goods shall not pass until:

(a) the Client has paid 720 Electrical Pty Ltd (seven20electrical) all amounts owing for the particular Goods; and

(b) the Client has met all other obligations due by the Client to 720 Electrical Pty Ltd (seven20electrical) in respect of all contracts between 720 Electrical Pty Ltd (seven20electrical) and the Client. 9.2 Receipt by 720 Electrical Pty Ltd (seven20electrical) of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then 720 Electrical Pty  Ltd (seven20electrical)’s ownership or rights in respect of the Goods shall continue.

9.3 It is further agreed that:

(a) where practicable the Goods shall be kept separate and identifiable until 720 Electrical Pty Ltd (seven20electrical) shall have received payment and all other obligations of the Client are met; and (b) until such time as ownership of the Goods shall pass from 720 Electrical Pty Ltd (seven20electrical) to the Client 720 Electrical Pty Ltd (seven20electrical) may give notice in writing to the Client to return the Goods or any of them to 720 Electrical Pty Ltd (seven20electrical). Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and

(c) 720 Electrical Pty Ltd (seven20electrical) shall have the right of stopping the Goods in transit whether or not delivery has been made; and

(d) if the Client fails to return the Goods to 720 Electrical Pty Ltd (seven20electrical) then 720 Electrical Pty Ltd (seven20electrical) or 720 Electrical Pty Ltd (seven20electrical)’s agent may (as the invitee of the Client) enter upon  and into land and premises owned, occupied or used by the Client, or any premises where the Goods are situated and take possession of the Goods; and

(e) the Client is only a bailee of the Goods and until such time as 720 Electrical Pty Ltd (seven20electrical) has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the  Goods, up to and including the amount the Client owes to 720 Electrical Pty Ltd (seven20electrical) for the Goods, on trust for 720 Electrical Pty Ltd (seven20electrical); and

(f) the Client shall not deal with the money of 720 Electrical Pty Ltd (seven20electrical) in any way which may be adverse to 720 Electrical Pty Ltd (seven20electrical); and

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720 Electrical Pty Ltd (seven20electrical) – Terms & Conditions of Trade 

(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of 720 Electrical Pty Ltd (seven20electrical); and (h) 720 Electrical Pty Ltd (seven20electrical) can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and (i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that 720 Electrical Pty Ltd (seven20electrical) will be the owner of the end products. 10. Personal Property Securities Act 2009 (“PPSA”) 

10.1 In this clause:

(a) financing statement has the meaning given to it by the PPSA;

(b) financing change statement has the meaning given to it by the PPSA;

(c) security agreement means the security agreement under the PPSA created between the Client and 720 Electrical Pty Ltd (seven20electrical) by these terms and conditions; and

(d) security interest has the meaning given to it by the PPSA.

10.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions:

(a) constitute a security agreement for the purposes of the PPSA; and

(b) create a security interest in:

(i) all Goods previously supplied by 720 Electrical Pty Ltd (seven20electrical) to the Client (if any);

(ii) all Goods that will be supplied in the future by 720 Electrical Pty Ltd (seven20electrical) to the Client.

10.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which 720 Electrical Pty Ltd (seven20electrical) may reasonably require to: (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 10.3(a)(i) or 10.3(a)(ii);

(b) indemnify, and upon demand reimburse, 720 Electrical Pty Ltd (seven20electrical) for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register  established by the PPSA or releasing any Goods charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of 720 Electrical Pty Ltd (seven20electrical);

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of 720 Electrical Pty Ltd (seven20electrical); and (e) immediately advise 720 Electrical Pty Ltd (seven20electrical) of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales. 10.4 720 Electrical Pty Ltd (seven20electrical) and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 10.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

10.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

10.7 Unless otherwise agreed to in writing by 720 Electrical Pty Ltd (seven20electrical), the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA. 10.8 The Client shall unconditionally ratify any actions taken by 720 Electrical Pty Ltd (seven20electrical) under clauses 10.3 to 10.5.

  1. Security and Charge 

11.1 Despite anything to the contrary contained herein or any other rights which 720 Electrical Pty Ltd (seven20electrical) may have howsoever:

(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several  interest in the said land, realty or any other asset to 720 Electrical Pty Ltd (seven20electrical) or 720 Electrical Pty Ltd (seven20electrical)’s nominee to secure all amounts and other monetary obligations payable under these  terms and conditions. The Client and/or the Guarantor acknowledge and agree that 720 Electrical Pty Ltd (seven20electrical) (or 720 Electrical Pty Ltd (seven20electrical)’s nominee) shall be entitled to lodge where  appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should 720 Electrical Pty Ltd (seven20electrical) elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify 720 Electrical Pty Ltd (seven20electrical) from  and against all 720 Electrical Pty Ltd (seven20electrical)’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint 720 Electrical Pty Ltd (seven20electrical) or 720 Electrical Pty Ltd (seven20electrical)’s nominee as the Client’s and/or Guarantor’s  true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.

  1. Defects 

12.1 The Client shall inspect the Goods on delivery and shall within five (5) working days of delivery (time being of the essence) notify 720 Electrical Pty Ltd (seven20electrical) of any alleged defect, shortage in quantity, damage or  failure to comply with the description or quote. The Client shall afford 720 Electrical Pty Ltd (seven20electrical) an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are  defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which 720 Electrical Pty Ltd (seven20electrical) has agreed in  writing that the Client is entitled to reject, 720 Electrical Pty Ltd (seven20electrical)’s liability is limited to either (at 720 Electrical Pty Ltd (seven20electrical)’s discretion) replacing the Goods or repairing the Goods except where the  Client has acquired Goods as a consumer within the meaning of the Competition and Consumer Act 2010 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the

consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

  1. Returns 

13.1 Returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 12.1; and

(b) 720 Electrical Pty Ltd (seven20electrical) has agreed in writing to accept the return of the Goods; and

(c) the Goods are returned at the Client’s cost within ten (10) days of the delivery date; and

(d) 720 Electrical Pty Ltd (seven20electrical) will not be liable for Goods which have not been stored or used in a proper manner; and

(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances. 13.2 720 Electrical Pty Ltd (seven20electrical) may (at their sole discretion) accept the return of Goods for credit but this may incur a handling fee of up to thirty percent (30%) of the value of the returned Goods plus any freight costs. 13.3 Non-stocklist items or Goods made to the Client’s specifications are under no circumstances acceptable for credit or return.

  1. Warranty 

14.1 Subject to the conditions of warranty set out in clause 14.2 720 Electrical Pty Ltd (seven20electrical) warrants that if any defect in any workmanship of 720 Electrical Pty Ltd (seven20electrical) becomes apparent and is reported to  720 Electrical Pty Ltd (seven20electrical) within twelve (12) months of the date of delivery (time being of the essence) then 720 Electrical Pty Ltd (seven20electrical) will either (at 720 Electrical Pty Ltd (seven20electrical)’s sole  discretion) replace or remedy the workmanship.

14.2 The conditions applicable to the warranty given by clause 14.1 are:

(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) failure on the part of the Client to properly maintain any Goods; or

(ii) failure on the part of the Client to follow any instructions or guidelines provided by 720 Electrical Pty Ltd (seven20electrical); or

(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or

(iv)the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(v) fair wear and tear, any accident or act of God.

(b) the warranty shall cease and 720 Electrical Pty Ltd (seven20electrical) shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without 720 Electrical  Pty Ltd (seven20electrical)’s consent.

(c) in respect of all claims 720 Electrical Pty Ltd (seven20electrical) shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim. 14.3 For Goods not manufactured by 720 Electrical Pty Ltd (seven20electrical), the warranty shall be the current warranty provided by the manufacturer of the Goods. 720 Electrical Pty Ltd (seven20electrical) shall not be bound by nor  be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

  1. Intellectual Property 

15.1 Where 720 Electrical Pty Ltd (seven20electrical) has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in 720 Electrical Pty Ltd  (seven20electrical), and shall only be used by the Client at 720 Electrical Pty Ltd (seven20electrical)’s discretion.

15.2 The Client warrants that all designs or instructions to 720 Electrical Pty Ltd (seven20electrical) will not cause 720 Electrical Pty Ltd (seven20electrical) to infringe any patent, registered design or trademark in the execution of the  Client’s order and the Client agrees to indemnify 720 Electrical Pty Ltd (seven20electrical) against any action taken by a third party against 720 Electrical Pty Ltd (seven20electrical) in respect of any such infringement. 15.3 The Client agrees that 720 Electrical Pty Ltd (seven20electrical) may use any documents, designs, drawings or Goods created by 720 Electrical Pty Ltd (seven20electrical) for the purposes of advertising, marketing, or entry into any  competition.

  1. Default and Consequences of Default 

16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at 720 Electrical Pty Ltd (seven20electrical)’s  sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

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720 Electrical Pty Ltd (seven20electrical) – Terms & Conditions of Trade 

16.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by 720 Electrical Pty Ltd (seven20electrical).

16.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify 720 Electrical Pty Ltd (seven20electrical) from and against all costs and disbursements incurred by 720 Electrical Pty Ltd (seven20electrical) in  pursuing the debt including legal costs on a solicitor and own client basis and 720 Electrical Pty Ltd (seven20electrical)’s collection agency costs.

16.4 Without prejudice to any other remedies 720 Electrical Pty Ltd (seven20electrical) may have, if at any time the Client is in breach of any obligation (including those relating to payment) 720 Electrical Pty Ltd (seven20electrical) may  suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. 720 Electrical Pty Ltd (seven20electrical) will not be liable to the Client for any loss or damage the Client suffers  because 720 Electrical Pty Ltd (seven20electrical) has exercised its rights under this clause.

16.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for  administration fees which sum shall become immediately due and payable.

16.6 Without prejudice to 720 Electrical Pty Ltd (seven20electrical)’s other remedies at law 720 Electrical Pty Ltd (seven20electrical) shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all  amounts owing to 720 Electrical Pty Ltd (seven20electrical) shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to 720 Electrical Pty Ltd (seven20electrical) becomes overdue, or in 720 Electrical Pty Ltd (seven20electrical)’s opinion the Client will be unable to meet its payments as they fall due; or (b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

  1. Dispute Resolution 

17.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a  notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that  the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be: (a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and

(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

  1. Insurance 

18.1 720 Electrical Pty Ltd (seven20electrical) shall have public liability insurance of at least $5m. It is the Clients responsibility to ensure that they are similarly insured.

  1. Compliance with Laws 

19.1 The Client and 720 Electrical Pty Ltd (seven20electrical) shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works. 19.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the works.

19.3 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation. 20. Cancellation 

20.1 720 Electrical Pty Ltd (seven20electrical) may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving  such notice 720 Electrical Pty Ltd (seven20electrical) shall repay to the Client any sums paid in respect of the Price. 720 Electrical Pty Ltd (seven20electrical) shall not be liable for any loss or damage whatsoever arising from such  cancellation.

20.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by 720 Electrical Pty Ltd (seven20electrical) (including, but not limited to, any loss of profits) up to the time of cancellation. 20.3 Cancellation of orders for Goods made to the Client’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.

  1. Privacy Act 1988 

21.1 The Client and/or the Guarantor/s (herein referred to as the Client) agree for 720 Electrical Pty Ltd (seven20electrical) to obtain from a credit reporting agency a credit report containing personal credit information about the Client in  relation to credit provided by 720 Electrical Pty Ltd (seven20electrical).

21.2 The Client agrees that 720 Electrical Pty Ltd (seven20electrical) may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a  credit reporting agency for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Client.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act  1988.

21.3 The Client consents to 720 Electrical Pty Ltd (seven20electrical) being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988). 21.4 The Client agrees that personal credit information provided may be used and retained by 720 Electrical Pty Ltd (seven20electrical) for the following purposes (and for other purposes as shall be agreed between the Client and 720  Electrical Pty Ltd (seven20electrical) or required by law from time to time):

(a) the provision of Goods; and/or

(b) the marketing of Goods by 720 Electrical Pty Ltd (seven20electrical), its agents or distributors; and/or

(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

21.5 720 Electrical Pty Ltd (seven20electrical) may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client;

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

21.6 The information given to the credit reporting agency may include:

(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number;

(b) details concerning the Client’s application for credit or commercial credit and the amount requested;

(c) advice that 720 Electrical Pty Ltd (seven20electrical) is a current credit provider to the Client;

(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;  (e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

(f) information that, in the opinion of 720 Electrical Pty Ltd (seven20electrical), the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Clients credit obligations); (g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;

(h) that credit provided to the Client by 720 Electrical Pty Ltd (seven20electrical) has been paid or otherwise discharged.

  1. Equipment Hire 

22.1 The Equipment shall at all times remain the property of 720 Electrical Pty Ltd (seven20electrical) and is returnable on demand by 720 Electrical Pty Ltd (seven20electrical). In the event that the Equipment is not returned to 720  Electrical Pty Ltd (seven20electrical) in the condition in which it was delivered 720 Electrical Pty Ltd (seven20electrical) retains the right to charge the Client the full cost of repairing the Equipment. In the event Equipment is not  returned at all 720 Electrical Pty Ltd (seven20electrical) shall have right to charge the Client the full cost of replacing the Equipment.

22.2 The Client shall;

(a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to lien over the Equipment.

(b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner  interfere with the Equipment.

(c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by 720 Electrical Pty Ltd (seven20electrical) to the Client. 22.3 The Client accepts full responsibility for the safekeeping of the Equipment and the Client agrees to insure, or self insure, 720 Electrical Pty Ltd (seven20electrical)’s interest in the Equipment and agrees to indemnify 720 Electrical  Pty Ltd (seven20electrical) against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss,  damage or injury to property or persons arising out of the use of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim. 23. Building and Construction Industry Security of Payment Act 2002 

23.1 At 720 Electrical Pty Ltd (seven20electrical)’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 may  apply.

23.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 of Victoria, except to the extent permitted by the Act  where applicable.

  1. General 

24.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 24.2 If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.

24.3 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.

© Copyright – EC Credit Control Pty Ltd - 2011

720 Electrical Pty Ltd (seven20electrical) – Terms & Conditions of Trade 

24.4 720 Electrical Pty Ltd (seven20electrical) shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by 720  Electrical Pty Ltd (seven20electrical) of these terms and conditions.

24.5 In the event of any breach of this contract by 720 Electrical Pty Ltd (seven20electrical) the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods. 24.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by 720 Electrical Pty Ltd (seven20electrical) nor to withhold payment of any invoice because part of that  invoice is in dispute.

24.7 720 Electrical Pty Ltd (seven20electrical) may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

24.8 The Client agrees that 720 Electrical Pty Ltd (seven20electrical) may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take  effect from the date on which 720 Electrical Pty Ltd (seven20electrical) notifies the Client of such change. The Client shall be under no obligation to accept such changes except where 720 Electrical Pty Ltd (seven20electrical) supplies further Goods to the Client and the Client accepts such Goods.

24.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party. 24.10 The failure by 720 Electrical Pty Ltd (seven20electrical) to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect 720 Electrical Pty Ltd (seven20electrical)’s right to  subsequently enforce that provision.

© Copyright – EC Credit Control Pty Ltd - 2011