1. APPLICATION OF THESE TERMS AND CONDITIONSIn this  Agreement, “E102 Electrical Contractors ” is E102 ELECTRICAL CONTRACTORS PTY LTD ABN 73 660 624 386 , its successors and  assigns or any person acting on behalf of and with the authority of  E102 Electrical Contractors ;
2. “The Customer”is the person or entity  requesting goods and services from E102 Electrical Contractors  and named as the Customer on E102 Electrical Contractors ’s quote, Customer information form, and other  Customer paperwork; 
3. “Goods”means all goods sold, leased, rented,  consigned, bailed or otherwise made available to the Customer by the  Contractor including but not limited to electrical equipment and associated  components; 
4. “Site” means the place where E102 Electrical Contractors ’s services will be  carried out; and “Services” mean E102 Electrical Contractors ’s performance of electrical  work and associated services.

 

2. QUOTES 

2.1 Contractor’s Quote  

E102 Electrical Contractors shall give the Customer a quote specifying the Goods and  Services required in order to fulfil the Customer’s instructions and a cost  estimate for such Goods and Services.  

2.2 Acceptance by the Customer  

Where the E102 Electrical Contractors has given the Customer a quote: 

1. a)E102 Electrical Contractors shall accept the quote by signing and returning a  true copy of the quote accompanied by a purchase order  number, if applicable; 
2. b)quotes are valid for fourteen  (14) days only unless an extension  has been authorised by E102 Electrical Contractors; and 
3. c)the Customer warrants that it has not relied on any  representation by E102 Electrical Contractors  other than as supplied in writing in the quote. 

2.3 Quotation Revision   

E102 Electrical Contractors  may amend a quote, if not accepted within fourteen (14) 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 and E102 Electrical Contractors  shall notify the  Customer of such amendment as soon as practicable thereafter. E102 Electrical Contractors will not be obliged to commence the Services until such time as  the Customer agrees to the amendment of the quote. 

2.4 Pricing 

If there is any error or omission in the Quote, E102 Electrical Contractors  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 quotes  are subject to final costing assessment by E102 Electrical Contractors.

2.5 Force Majeure 

E102 Electrical Contractors 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 E102 Electrical Contractors , including, but not  limited to war, strikes, lockouts, industrial disputes or unrest, government  restrictions or intervention transport delays, fire, act of God, breakdown of  plant, shortage of supplies or labour, storm or tempest, theft, vandalism,  riots, civil commotions or accidents of any kind.  

2.6 Products & Works 

If any products and works specified within this quotation are unavailable at  the time of works being carried out, E102 Electrical Contractors in its  absolute discretion may substitute a reasonable alternative.  

3. CANCELLATION 

The Customer shall reimburse E102 Electrical Contractors  for any costs, losses or  expenses incurred by E102 Electrical Contractors  should the Customer cancel an  accepted quote. The time for payment of such cancellation shall be seven  (7) days from the date of E102 Electrical Contractors ’s tax invoice. 

4. SITE CHARGES AND ASSUMPTIONS 

a). Unless otherwise agreed in writing, charges for work performed:

1. are based on work being carried out from 07:00 to 15:30 Monday to Friday except for Public Holidays and subject to alteration by

E102;

1. are based on having continuous, uninterrupted, and unhindered access to the required people, equipment, facilities, and areas where the

work is to be carried out; and

iii. do not cover extraneous work, patching/ painting,

1. carpet lifting or refitting, building work or decoration and should E102 agree to carry out such work at the request of the Customer

then E102 shall not be liable for any damage arising.

b). All additional costs arising from clause 2(a) above and any alteration to the specifications required by the Customer including any interruption or

delays by the Customer, its employees, agents, or other trades during the course of work performed may result in additional charges including the

reasonable costs of delay

c). If it becomes necessary to pay any additional site allowances, other than a State or Federal award or amounts in excess of any current workplace

agreement applicable to the type of work being performed, these costs will be added to the Fee.

d). In the event that E102 has agreed to deliver the Services by a specified date and such delivery is delayed by the occurrence of a force majeure

event (as set out in clause 14.4) or as a result of any action or inaction (including anything referred to in clause 4.1) by the Customer or its agents or

any other person E102 shall be entitled to a reasonable extension of time to complete the Services and increase in Fees.

e). Any variations to the Services required by the Customer must be agreed in writing by both parties and will be priced in accordance with E102’s

standard price lists and shall include an amount for any design, management, overheads and profit.

f). Emergency service call‐outs will be charged in accordance with E102’s standard fees for such emergency services.

g). E102 may adjust all or part of the Fees in the event of an increase to the price of commodities, materials or labor required to render the

Services beyond the reasonable control of E102.

4.1 CUSTOMER’S RESPONSIBILITIES

The Customer shall:

a). Provide E102 with access to the site as reasonably required for the purpose of allowing E102 to perform its obligations under this

Agreement;

b). ensure that its employees, agents and other contractors shall:

1. not interfere with or disrupt, delay or hinder
2. E102, its employees, agents, subcontractors, agents or other persons engaged by E102 or prevent them from carrying out their

work or cause them to incur additional cost; and

iii. reasonably cooperate with E102 and its employees, agents and subcontractors;

c). advise E102 of the existence of any concealed pipes, wires and cables for water, gas, electricity, telephone or other services affecting the premises and shall confirm the location of such services to E102’s technician before work commences. In the absence of such notice E102 accepts no liability for any loss or damage to such services or any consequence thereof and the Customer agrees to indemnify E102 against any claim whatsoever for any loss or liability arising from damage to such services;

d). provide E102 with data, specifications and information as may be requested by E102 to enable it to fulfil its obligations under this Agreement;

e). provide adequate facilities at the premises at no cost to E102, including, power, lifting equipment, scaffolding, and rubbish removal skips;

f). ensure that the premises are at all times a safe working environment and (without limitation) will not contain asbestos or similar hazards. If E102 considers that the premises are unsafe it may delay or cease delivery of the Services until the premises are restored to a safe condition.

Any such delay or cessation of the Services:

1. will entitle E102 to an extension of time to complete the Services;
2. will not constitute a breach of this Agreement by E102; and

iii. will not entitle the Customer to the payment of a financial penalty, and

g). indemnify E102 against any claims for the failure of fire alarm monitoring equipment, telecommunication carrier lines, power supply, costs relating to fire brigade charges, or relocation of equipment.

5. UNFORESEEN CIRCUMSTANCES/PRIOR WORK 

E102 Electrical Contractors  shall NOT be liable for any problems with the Site due to  another contractor’s prior work or latent conditions which are only revealed  when installing the Goods. E102 Electrical Contractors  will carry out any work needed  to fix any such problem if it is considered necessary for satisfactory installation of the Goods. Any additional work necessary due to these 

circumstances is a variation and subject to Clause 9. If a price is not  agreed, the charge will be the actual cost plus another twenty percent  (20%) for the work. 

6. SERVICES BELOW THE GROUND 

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 E102 Electrical Contractors  to prevent damage to all such  services. Should the Customer fail to provide E102 Electrical Contractors  with the  location of services the Customer has initiated, then the Customer shall  indemnify E102 Electrical Contractors  from any claim for costs, expenses or losses. 

7. ‘DO AND CHARGE’ 

The hourly rate for ‘Do and Charge’ work may change should E102 Electrical Contractors   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 E102 Electrical Contractors  reserves the  right to raise a quote for the work. Before any further work is performed by  E102 Electrical Contractors  the Customer must accept the quote in a manner as specified in clause 2.2.  

8. CONTRACTOR’S TRADING HOURS 

E102 Electrical Contractors ’s normal trading hours are 7am to 15.30pm Monday to  Friday. Work performed (at the Customer’s request) outside those hours or  on a public holiday will be at E102 Electrical Contractors ’s discretion and will be subject  to a surcharge. 

9.VARIATIONS 

9.1 All requests for variations by the Customer or the Customer’s Agent  must be made direct to E102 Electrical Contractors ’s office during normal business hours (7am to 15.30pm). E102 Electrical Contractors  will charge the current office  administration fee plus $150 ex GST irrespective as to the variation being  approved or not approved.  

9.2 The Customer shall indemnify E102 Electrical Contractors  from any additional cost  incurred by E102 Electrical Contractors  should the Customer increase the scope of the  Works and/or Goods to be provided. Proof that the Customer can afford the  variation may be requested. 

9.3 If a response to a variation requested by E102 Electrical Contractors  has not been  received from the Customer within two (2) business days, E102 Electrical Contractors   will carry out the Works described as part of its Scope of Works. Such variations may result in additional charges to the original Quote/Contract. 

9.4 The Customer agrees to indemnify E102 Electrical Contractors  from hold up and lost  building time and any costs and expenses due to variation work requested  or agreed to by the Customer.  

9.5 The Customer agrees to make no claim against E102 Electrical Contractors  for  liquidated damages related to delays due to variations that were requested  by the Customer.  

9.6 Payment terms for variations shall be seven (7) days from date of invoice. Variations within a period subject to a progress payment shall be  payable at that time and no later.  

10. PAYMENT AND DEFAULT 

10.1 Time for Payment  

Unless otherwise agreed in writing E102 Electrical Contractors ’s payment terms are  strictly seven (7) days from the date of E102 Electrical Contractors ’s tax invoice. 

10.2 Deposit  

E102 Electrical Contractors  may require a deposit from the Customer and the Customer  acknowledges E102 Electrical Contractors  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. In the event of default as to payment owing to E102 Electrical Contractors  on the part of  the Customer, E102 Electrical Contractors  shall be entitled to forfeit the deposit and  claim any profit or margin contemplated by or allowed for in the contract in  addition to any remedy available to E102 Electrical Contractors  at law or in equity.  

10.3 Payment Claims 

E102 Electrical Contractors  shall make any payment claims in accordance with The  Building and Construction Industry Payments Act 2004. The Customer must  respond appropriately and within the time specified in the Act. 10.4 Payment Plan 

From time to time, E102 Electrical Contractors  may offer Customers a payment plan,  spreading payment over a specified period with reoccurring payments. A  formal Payment Plan Agreement would need to be entered into and such an  agreement would include E102 Electrical Contractors ’s Terms and Conditions of Trade. 

10.5 Progress Payments  

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. In addition, clauses 10.6, 10.7 and 10.8 may apply. 

10.6 Administration Fee 

E102 Electrical Contractors  reserves the right to charge a monthly fee of sixty five dollars ($65) for any accounts not paid within E102 Electrical Contractors ’s agreed payment terms. 

10.7 Interest  

E102 Electrical Contractors  may charge interest at fifteen percent (15%) per annum calculated on a daily basis on amounts not paid within E102 Electrical Contractors ’s  payment terms. 

10.8 Damages 

The Customer must pay to E102 Electrical Contractors  any costs, expenses or losses  incurred by E102 Electrical Contractors  as a result of the Customer’s failure to pay to  E102 Electrical Contractors  all sums outstanding as owed by the Customer to the  Contractor 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. 

11. RETENTION OF TITLE 

11.1 Title  

Notwithstanding the delivery of the Goods or their installation, title in any  particular Goods shall remain with E102 Electrical Contractors  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 E102 Electrical Contractors  and to account to E102 Electrical Contractors  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 E102 Electrical Contractors ’s title in the Goods nor the  Customer’s indebtedness to E102 Electrical Contractors  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. 

11.2 Bailment 

The Customer acknowledges that it is in possession of the Goods solely as  Bailee until payment of all invoices for the Goods is made pursuant to  clause 11.1 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.‍

11.3 Repossession  

The Customer hereby irrevocably grants to E102 Electrical Contractors  the right, at its sole discretion, to remove or repossess any Goods from the Customer and sell or dispose of them, and E102 Electrical Contractors  shall not be liable to the Customer or any person claiming through the Customer and E102 Electrical Contractors  shall be entitled to retain the proceeds of any Goods sold and apply same  towards the Customer’s indebtedness to E102 Electrical Contractors . 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 E102 Electrical Contractors  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 E102 Electrical Contractors  by the Customer.  

12. PERSONAL PROPERTY SECURITIES ACT (PPSA) 

12.1 In this clause, the following words have the respective meanings  given to them in the PPSA: Financing Statement, Financing Change  Statement, Proceeds, Register, Security Agreement, Security Interest and  Verification Statement. In this clause “the Customer” is the grantor and  “E102 Electrical Contractors ” is the secured party, as defined in the PPSA. 

12.2 The Customer acknowledges and agrees: 

1. a)that these Terms and Conditions constitute a Security  Agreement that creates a Security Interest in all Goods (and  Proceeds): 

(i) previously supplied by E102 Electrical Contractors  to the  Customer; 

(ii) to be supplied in the future by E102 Electrical Contractors  to  the Customer; 

1. b)that the Security Interest created by these Terms and Conditions  is a continuing Security Interest in all Goods (supplied now or in  the future by E102 Electrical Contractors  to the Customer) and Proceeds,  which will operate (despite any intervening payment or  settlement of account) until E102 Electrical Contractors  has signed a release;  and 
2. c)to waive its rights under section 157 of the PPSA and the  following subsections of section 115 of the PPSA, which will not  apply to the Security Agreement created by these Terms and  Conditions:95, 118, 121(4), 130, 132(4), 135, 143. 

12.3 The Customer undertakes to: 

1. a)keep all Goods free of any charge, lien or Security Interest except  as created under these Terms and Conditions and not otherwise  deal with the Goods in a way that may prejudice any rights of the  Contractor under these Terms and Conditions or the PPSA; 
2. b)sign any further documents and provide any further information  (which must be complete, accurate and up-to-date in all  respects) that designer may require to: 

(i) register a Financing Statement or Financing  Change Statement in relation to a Security  

Interest on the 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 12.3(b) (i) or 12.3(b) (ii); 

1. c) indemnify, and upon demand reimburse E102 Electrical Contractors  for all  fees (including actual legal fees on a solicitor/own Customer basis), costs, disbursements and expenses in: 

(i) registering and maintaining a Financing Statement or Financing Change Statement on the Register or  

releasing any Goods charged thereby; and 

(ii) enforcing or attempting to enforce the Security  Interest created by these Terms and Conditions. 

1. d) not register, or allow to be registered, a Financing Statement or a  Financing Change Statement in respect of the Goods, or Proceeds  in favour of a third party, without the prior written consent of E102 Electrical Contractors; and 
2. e) immediately advise E102 Electrical Contractors  of any material change in its  business details (including, but not limited to, it’s trading name,  address, fax number) or business practices. 
3. SCHEDULE OF WARRANTIES 

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

1. 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; and 
2. 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). 

13.2 E102 Electrical Contractors  warrants that the Works are, and that Goods supplied  are, free of defects at the time of completion and/or installation. 

 13.3 If E102 Electrical Contractors  be directed to reuse any materials or components  from the Site or elsewhere, then E102 Electrical Contractors  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 E102 Electrical Contractors  from any costs, losses or expenses associated with  the rectification or resupply of such materials or components. 

13.4 Subject to the ACL, E102 Electrical Contractors  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. 

14. LIABILITY 

14.1 Non-excludable Rights  

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”). 

14.2 Disclaimer of Liability  

E102 Electrical Contractors  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 E102 Electrical Contractors  for a breach of a Non-Excludable Right is limited,  at E102 Electrical Contractors ’s option, to the supplying of the Goods and Services again  or payment of the cost of having the Goods and Services supplied again. 

14.3 Indirect Losses  

Notwithstanding any other provision of these Terms and Conditions, E102 Electrical Contractors 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: 

1. a) any increased costs or expenses; 
2. b) any loss of profit, revenue, business, contracts or anticipated  savings; 
3. c) loss or expense resulting from a claim by a third party; or 
4. d) any special, indirect or consequential loss or damage of any nature whatsoever caused by E102 Electrical Contractors ’s failure to  complete or delay in completing the Services within a reasonable  time. 
5. PRIVACY

15.1 The Customer authorises E102 Electrical Contractors  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. 

15.2 Subject to the Privacy Principles outlined in the Privacy Amendment  Act 2012, the Customer further authorises E102 Electrical Contractors  to collect, retain,  record, use and disclose personal information for the marketing of Goods  and Services provided by E102 Electrical Contractors . 

16. ARBITRATION AND MEDIATION 

Any dispute or difference between the Customer and E102 Electrical Contractors  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 E102 Electrical Contractors  from instituting legal action at any time to recover  monies owing by the Customer to E102 Electrical Contractors. 

17. SECURITY AND CHARGE 

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 E102 Electrical Contractors  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. 

18. GENERAL MATTERS 

18.1 Non-Waiver 

Failure by E102 Electrical Contractors  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. 

18.2 Amendments to these Terms and Conditions 

E102 Electrical Contractors  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. 

18.3 Sever-ability 

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. 

18.4 Governing Law and Jurisdiction 

These Terms and Conditions are governed by the laws of the State of Victoria and the laws of the Commonwealth of Australia which are in  force in Victoria. All disputes arising between the Customer and the Contractor will be submitted to a court of competent jurisdiction in  Victoria selected by E102 Electrical Contractors  and such court shall possess  territorial jurisdiction to hear and determine such proceedings. 

18.5 Entire Agreement Clause

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings and agreements, whether oral or written, relating to the subject matter of this Agreement. Any amendment or modification of this Agreement must be in writing and signed by both parties. No course of dealing or course of performance, usage of trade or custom, or verbal agreements not reduced to writing will be used to supplement, explain or modify any of the terms or conditions of this Agreement. In the event of any conflict between the provisions of this Agreement and any other document, the provisions of this Agreement will govern.