1.1. “The Company” shall mean 2 Connect Electrical Ltd, or any agents or employees thereof.
1.2. “The Customer” shall mean any natural person or entity or any other person or entity acting on behalf of and with the authority of the Customer, who have contracted the Company to supply products and/or services.
1.3. “Products and Services” shall mean all products, goods, services and advice provided by the Company to the Customer and shall include, without limitation, all electrical, lighting, heating, audio and security products and services and all charges for labour, hire charges, inspection fees, certification fees, insurance charges or any fee or charge associated with the supply of products and services by the Company to the Customer.
1.4. “Products” shall mean:
1.4.1. All products supplied by the Company to the Customer, and
1.4.2. All inventory of the Customer that is supplied by the Company and
1.4.3. All products supplied by the Company and further identified in any invoice issued by the Company to
1.4.4. All products that are marked as having been supplied by the Company or that are stored by the
1.4.5. All of the Customer’s existing and after-acquired Products that the Company has performed work on or the Customer, which invoices are deemed to be incorporated into and form part of this agreement, and Customer in a manner that enables them to be identified as having been supplied by the Company to, in which products or materials supplied or financed by the Company have been attached or incorporated.
1.4.6. The above descriptions may overlap but each is independent of and does not limit the others.
1.5. “Price” shall mean the price payable for the products and services as agreed between the Company and the Customer and includes all disbursements e.g. charges the Company pay to others on the Customer’s behalf subject to clause 3 of this contract.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1. Any instructions received by the Company from the Customer for the supply of products and services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
2.2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3.1. At the Company’s sole discretion the Price shall be either:
3.1.1. As indicated on invoices provided by the Company to the Customer in respect of products and services
3.1.2. Where no price is stated in writing or agreed to orally the products and services shall be deemed to be
3.1.3. The price may be increased by the amount of any reasonable increase in the cost of supply of the supplied.
sold at the current prices as such products and services are usually sold by the Company at the time of the contract.
product and services that is beyond the control of the Company between the date of the contract and delivery of the products and services.
4.1. Payment for products and services shall be made in full within seven (7) days of the date of the invoice (the due date), unless otherwise agreed to with the customer.
4.2. In certain circumstances and at the Company’s sole discretion:
4.2.1. a deposit may be required before the work commences; or
4.2.2. payment shall be due on delivery of the Goods; or
4.2.3. payment shall be due before delivery of the Goods; or
4.2.4. Payment for approved Customers may be made by regular instalments, as agreed between the
4.2.5. The Company may submit a detailed progress payment claim at intervals not less than one month for
4.2.6. Payment may be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit,
4.2.7. GST and other taxes and duties that may be applicable shall be added to the Price except when they
Company and the Customer.
work performed up to the end of each month. The value of work so performed shall include the value of authorised variations and the value of materials delivered to the site but not installed. Progress payment shall be due within twenty (20) working days of each monthly payment claim.
or by any other method as agreed to between the Customer and the Company. Payment by credit card may incur a finance charge.
are expressly included in the Price.
5.1. No quotation given by the Company for products and services shall be valid unless it is recorded in writing and is signed for and on behalf of the Company, or sent from the company’s E-mail address.
5.2. Where a quotation is given by the Company for products and services:
5.2.1. Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue and
5.2.2. The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary
5.2.3. The Company reserve the right to alter the quotation at any time because of circumstances beyond its
5.2.4. A quotation is done in good faith that all other existing electrical installations on the jobsite is in
5.2.5. Any work, additional to this quotation, that is requested by the Customer while the Company is on site
control. In such a circumstance, a revised quotation will be prepared and presented to the Customer for acceptance.
compliance with Health and Safety regulations. If, during the installation of the new electrical cabling and/or fittings any faults and/or hazards in the existing electrical installations should be detected that would prevent 2 Connect Electrical Limited from continuing or completing the electrical work of this quote, the Customer will be informed of such faults and/or hazards. The Customer will then have to approve the repair, alteration or up-grade required, in writing, before 2 Connect Electrical Limited will be able to continue and complete the work of this quote. Any such repair, alteration or up-grade will be for the account of the Customer and will be invoiced either as an “Extra” to this quote or on a separate invoice.
doing the quoted work, will be treated as a separate job, to be priced and presented in writing to the Customer for approval before execution of the such work.
6.1. Manufacturer’s warranty applies where applicable.
6.2. Any warranty that the Company provide to the Customer will also form part of these terms and conditions of trade.
6.3. No representation, undertaking or warranty made by the Company or any Company or representative to the Customer shall be of any effect or apply to any contract between the Company and the Customer unless recorded in writing and signed by both parties.
7. COLLECTION AND USE OF INFORMATION
7.1. The Customer authorises the Company to collect, retain and use any information about the Customer, for the purposes of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products and Services provided by the Company to any other party.
7.2. The Customer authorises the Company to disclose any information obtained to any person for the purposes set out in clause 7.1.
7.3. Where the Customer is an individual, the authorities under clauses 7.1 and 7.2 are authorities or consents for the purposes of the Privacy Act 1993.
8.1. The products and Services remain at risk at the Company until delivery to the Customer.
8.2. Delivery of Products and Services shall be deemed complete when the Company gives possession of the products and Services directly to the Customer or possession of the products and services is given to a carrier, courier, or other custodian for purposes of delivery to the Customer.
9. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
9.1. Title in any Products and services supplied by the Company passes to the Customer only when the Customer has made payment in full for all Products and Services provided by the Company and of all other sums due to the Company by the Customer on any account whatsoever. Until all sums due to the Company by the Customer have been paid in full, the Company has a security interest in all Products and Services.
9.2. If the Products and Services are attached, fixed or incorporated into any property of the Customer, by the way of any manufacturing or assembly process by the Customer or any third party, title in the Products and Services shall remain with the Company until the Customer has made payment for all products and services, and where those Products and Services are mixed with other property so as to be part of a constituent of any Products and Services, title to these new products and Services shall be deemed to be assigned to the Company as security for the full satisfaction by the Customer of the full amount owning between the Company and the Customer.
9.3. The Customer gives irrevocable authority to the Company to enter any premises occupied by the Customer or on which products and services are situated at any reasonable time after default by the Customer or before default if the Company believes a default is likely and to remove and repossess any Product and Services and any other property to which Products and Services are attached or in which Products and services are incorporated. the Company shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort otherwise in any way whatsoever unless by statute such liability cannot be excluded. the Company may either resell any repossessed products and services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and Services and credit the Customer’s account with the invoice value thereof less such sum as the Company reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
9.4. When Products and Services are retained by the Company pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
9.5. The Customer:
9.5.1. (a) Agrees that nothing in sections 114 (1) (a) or 117(1) (c), 133 and 134 of the PPSA will apply to this
9.5.2. Waives the Customers rights contained in section 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and
9.6. The following shall constitute defaults by the Customer:
9.6.1. Non-payment of any sum by the due date
9.6.2. The Customer intimates that it will not pay any sum by the due date
9.6.3. Any Products and Services are seized by any other creditor of the Customer or any other creditor agreement, or the security under this agreement.
132 of the PPSA.
intimates that it intends to seize Products and Services.
9.6.4. Products and Services in the possession of the Customer are materially damaged while any sum due
9.6.5. The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customers
9.6.6. A court judgement is entered against the Customer and remains unsatisfied for seven (7) days.
9.6.7. Any material adverse change in the financial position of the Customer.
9.6.8. The Customer changes or proposes to change its name without first notifying the Company of the new
9.7. Where the company has the rights in addition to those in Part 9 of the PPSA, the Buyer agrees that those rights shall continue to apply and in particular will not be limited by section 109 of the PPSA.
10. SECURITY INTEREST FOR SERVICE PROVIDERS
10.1. The Customer gives the Company a security interest in all of the Customers present and after acquired property that the Company has performed services on or to or in which or materials supplied or financed by the Company have been attached or incorporated.
10.2. On the request of the Company the Customer shall promptly execute any documents and do anything else required by the Company to ensure that the security interest created under this Agreement constitutes a first ranking perfected security interest over the property and their proceeds including providing any information the Company reasonably requires to complete financing statement of financing change statement. The Customer waives any right to receive a copy of a verification statement under the Act.
10.3. The Customer will pay to the Company all costs, expenses and other charges incurred, expended or payable by the Company in relation to the filing of a financing statement or a charge statement in connection with these terms and conditions.
11. PAYMENT ALLOCATION
The Company may in its discretion allocate any payment received from the Customer towards any invoice that the Company determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by the Company, payment shall be deemed to be allocated in such manner as preserves the maximum value of the Company’s purchase money security interest in the Products and Services.
12.1. The Customer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Company which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed in the Company, the Company’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
12.2. Expect as otherwise provided by clause 11.1 the Company shall not be liable for:
12.2.1. Any loss or damage of any kind whatsoever, arising from the supply or Products and Services by the
from the Customer to the Company remains unpaid.
assets or a landlord distrains against any of the Customers assets.
name not less than 7 days before the change takes effect.
12.2.2. The Customer shall indemnify the Company against all claims and loss of any kind whatsoever Company to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and Services provided by the Company to the Customer, and however caused or arising and without limiting the generality of the foregoing or this clause whether caused or arising as a result of the negligence of the Company or otherwise, brought by any person in connection with any matter, act, omission or error by the Company its agents or employees in connection with the Products and Services.
13. COPYRIGHT AND INTELLECTUAL PROPERTY
The Company, owns and has copyright in all products, work, designs, specifications, documents and software produced by the Company in connection with the Products and Services provided pursuant to this contract and the Customer may use the Products and Services only if paid for in full and for the purposes for which they were intended and supplied by the Company.
14. CONSUMER GUARANTEE ACT
The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products and Services from the Company for the purposes of a business in terms of section 2 and 43 of that Act.
15. PERSONAL GUARANTEE OR COMPANY DIRECTORS OR TRUSTEES
If the Customer is a company or trust, the director(s) or trustee(s) signing this contract in consideration for the Company agreeing to supply Products and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to the Company the payment of any and all monies now or hereafter owed by the Customer to the Company and indemnify the Company against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
16.1. The Company shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
16.2. Failure by the Company to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights of obligations the Company has under this contract.
16.3. If any specific provision/s of this contract shall be deemed to be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.