1. Definitions
“Customer” means the person/s placing the order for Works and/or products supplied by Electrun to the Customer as specified in any invoice, document or order. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.
“Electrun” means the company that the Customer is contracting with whose business name and ABN appears on the quotation, invoice, receipt or TCA provided to the Customer.
“Quote” means any document containing a price for Works, including but not limited to Tax Invoices, quotations generated by computer or tablet devices or handwritten quotations.
“Works” means any services rendered, products delivered or any future or completed work done by Electrun.
2. Binding Nature
(a) All orders placed with Electrun shall only be accepted subject to these Terms and Conditions. The Customer has exclusively accepted and is immediately bound by these Terms and Conditions if the Customer places an order for the product/s or services, signs any Quote, pays the deposit, continues to provide instructions and/or accepts the product/s or Works.
(b) Electrun may, at any time, alter these Terms and Conditions and such altered Terms and Conditions shall apply after notification by Electrun to the Customer.
3. Quotation
(a) If there is any error or omission in the Quote, Electrun 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 quoted are subject to final costing assessment by Electrun.
(b) Upon acceptance of the Quote by the Customer, Electrun may require a deposit to be paid prior to any Works being commenced by Electrun . This deposit is at the sole discretion of Electrun.
(c) Notwithstanding any other clause, the contract sum on the Quote will only be valid for 14 days from the date of the quotation. Electrun reserves the right to make any changes to the Quote if the 14 days lapses.
(d) At Electrun’s sole discretion a portion of or the full amount of the deposit may be non-refundable. The amount that is non-refundable is a true estimate of costs and expenses spent to date.
(e) Electrun reserves the right to make any changes to the quotation including but not limited to the contract sum if either:
(i) a variation is requested by the Customer, or
(ii) a Quote has not been fulfilled within 30 days of the date the Quote was produced. Any variation from the quotation, schedule works or specifications will allow Electrun the right to stop the progress of any works until Electrun and the Customer agree to changes. Payment for all variations must be made in full at the time which they are raised.
(f) After Electrun accept your order you may not cancel the order unless Electrun agree in writing. Electrun reserve the right to supply an order in full or only in part.
4. Quotation’s acceptance
(a) The quotation (“QUOTATION”) is based on a physical Inspection by Electrun Electrical solutions or its nominated Sub-contractor (“Electrun”) of the site where work is to be carried out, or upon details provided by the customer (“Customer”).
(b) The Quotation is based on the work being carried out from Monday to Friday from 7:30 am to 4:00 pm. Work carried out outside this period will incur additional fees and charges to be paid by the Customer.
(c) The Quotation does not include any charges or fees to supply authorities or any other authority.
(d) The Customer must accept or reject the Quotation within fourteen (14) days of its receipt. If not accepted with the specified time, the Quotation will no longer be valid. Electrun may, at its option, extend this period by notification in writing to the Customer.
(e) The Customer may accept the Quotation by sending to Electrun a letter acknowledging and agreeing to the term of the Quotation or by signing and returning a copy of the Quotation to Electrun (the “Contractor”).
(f) Electronic signatures shall be deemed to be accepted by either party
5. Payment
(a) The Customer shall pay to Electrun in full within 14 calendar days from the date of invoice.
(b) Electrun shall issue invoices to the Customer upon completion of each stage of the preformed work. The build and construction industry security of payment ACT 2002 (VIC) shall apply in respect to progress payments.
(c) If the Customer does not pay within the period mentioned in Clause 2(a), the Customer shall pay interest on the outstanding amount from the date the payment becomes due until the date the payment is made at a rate equal to 1.5% per calendar month, compounded monthly.
(d) Electrun shall be entitled to recover all (legal) costs (including but not limited to debt collector costs) from the Customer in the event that the Customer does not pay within the period mentioned in Clause 2(a) or does not fulfil any of other obligations under the Contract.
(i) The Customer agree by legal binding law of this contract to cover all expenses of dispute and time lose in Victorian Civil and Administrative Tribunal.
(e) Unless otherwise stated, the amounts mentioned do not include GST.
(f) The Contractor reserves the right to change the Price:
(i) where additional Works are required hidden obstructions change of design, hard rock barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring in walls etc.) which are only discovered on commencement of the Works; or in the event of increases to the Contractor in the cost of labour (including loss time charges)
(g) a non-refundable deposit of up to fifty percent (50%) of the Price may be required for Works where the total Price is over thousand dollars ($1000)
(h) Contractor shall be entitled to charge a reasonable fee for redelivery and/or storage of Materials.
(i) if a Customer has made payment to the Contractor, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction
(j) 25. Where the Customer has left any item with the Contractor for repair, modification, exchange or for the Contractor to perform any other service in relation to the item and the Contractor has not received or been tendered the whole of any monies owing to it by the Customer, the Contractor shall have, until all monies owing to the Contractor are paid:
(i) a lien on the item; andthe right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods within 7 days as storage cost and takes space.
6. Completion Time
(a) Any date or time quoted for delivery and completion of the Works is an estimate only and Electrun shall endeavour to complete the Works at a time or times required by the Customer, but failure to do so shall not confer any right of cancellation, termination or refusal of delivery on the Customer’s part or render Electrun liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
(b) The Customer will not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any Laws, regulations, Governments or agency’s thereof and any other cause beyond the control of Electrun or any other cause whatsoever.
7. Inspection
(a) The customer shall examine the products immediately after delivery and Electrun shall not be liable for any misdelivery, shortage, defect or damage unless Electrun receives details in writing within 14 days of the date of delivery of the products.
(b) If Electrun is employed to install said product/s the Customer shall not open, dismantle or otherwise handle the product/s.
8. Force Majeure
Electrun 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 Electrun 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.
9. Guarantee
In consideration for Electrun preforming work to the Customer, the director signing the Quotation on behalf of the Customer (joint and severally, if there is more than one director, and) unconditionally guarantees the payment of all amounts by the Customer under the contract. Electrun may recover the amounts from the guarantor as a liquidated debt.
10. Duties, Warranties & Defects
(a) To the extent required by statute, subject to the conditions of warranty as may be set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) Electrun warrants that if a defect in any of the Works carried out by Electrun is reported to Electrun within 12 months of the date of completion, then Electrun will either replace or remedy the Works subject to these Terms and Conditions.
(b) Electrun will carry out the work in good and workmanlike manner and supply materials of the kind described in the Quotation and comply with all relevant Australian Standards and requirements of all statutory authorities related to the work.
(c) If the Customer is not a consumer within the meaning of the Competition and Consumer ACT 2010 (Cth), Electrun’s liability for any defect or damage in the work carried out is:
(i) Limited to the value of any express warranty or warranty card provided to the Customer by Electrun;
(ii) Limited to any warranty to which Electrun is entitled, if Electrun did not manufacture the goods used in the work carried out; or
(iii) Limited to the value of the work carried out by Electrun.
(iv) Limited to any warranty of a discontinued products or the vary sum that might raise product & service fees
(d) Electrun is not liable for any loss or damage to the Customer’s or any other third party’s personal property that remains on the site during the performance of the work.
(e) Any time or date given by the Contractor to the Customer is an estimate only. The Contractor shall not be liable for any loss or damage whatsoever due to failure by the Contractor
(f) The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer
(g) Contractor shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(i) the Customer failing to properly maintain or store any Materials;
(ii) the Customer using the Materials for any purpose other than that for which they were designed;
(iii) the Customer continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(iv) interference with the Works by the Customer or any third party without the Contractor’s prior approval;
11. Variations
(a) Any variations of the Contract shall be made in writing and must be approved in writing by Electrun and will be charged in the next applicable billing schedule. Variations will be charged out at an hourly rate and not fixed at an itemised fixed price
(i) Customer shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change or relocation of electrical wiring, All such variances shall be invoiced
(b) The Customer acknowledges that a variation of the contract shall never decrease the price mentioned in the Quotation, however such variation may increase the price mentioned in the Quotation.
(i) Variations can be Limited to council decisions or to the restricted energy supplier that might increase costs or delay part of the job Electrun solution is not liable for any of those decisions, cost, or time lose related to those consequences.
12. Risk & Ownership
(a) Risk of loss, damage or destruction to the materials, equipment and other goods or part thereof shall pass to the Customer on installation.
(b) Electrun shall remain the owner of all installed materials equipment and other goods until the Customer has fully paid Electrun all amounts owed to Electrun and the Customer has fulfilled all other obligations to Electrun.
(c) final location of the condensing unit is at the discretion of the Customer, a charge will apply as a variation as per clause, if the Customer requests the unit to not be located adjacent to the external wall.
(d) the Contractor cannot guarantee that noise levels will remain constant post installation as the Materials may be impacted by many factors such as the weather, lack of maintenance, tampering etc.
(e) suitable capacity to handle the Materials once installed. If, for any reason (including the discovery of asbestos, defective or unsafe wiring or plumbing, or dangerous access to roofing, crawl spaces, eaves or inspection points), the Contractor reason ably forms the opinion that the Customer’s premises is not safe for the installation of Materials to proceed then the Contractor shall be entitled to delay installation of the Materials the Contractor is satisfied that it is safe for the installation to proceed. Where the Customer has supplied materials.
(f) the Contractor does not guarantee the performance or transmission speed or quality of any data; and transmission of data may be unavailable from time to time due to scheduled maintenance and/or upgrades to websites, servers or networks by third parties; and there are inherent hazards in electronic distribution (including, but not limited to electrical interference, surges or spikes, high traffic volume affecting speed, etc.) and as such the Contractor cannot warrant against delays or errors in transmitting data between the Customer and any person or entity the Customer conducts communications with including orders, and you agree that the Contractor will not be liable for any losses which the Customer suffers as a result of delays or errors in transmitting orders or other communications and/or documents
(g) The Customer acknowledges that Materials supplied may:
(i) fade or change colour over time; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) Be damaged or disfigured by impact or scratching.
The Customer accepts that the Works are defined as renovation works and as such airborne dust is emitted and cannot be eliminated. Completely, It shall be the Customer’s responsibility to remove from the work area and thoroughfare all fragile items such as glassware, crockery, pot plants, furniture and ornaments that may be susceptible to airborne dust or vibration on walls and surrounding areas. Breakages and damages are the responsibility of the Customer. All care taken but no responsibility accepted by the Contractor in this regard.
Whilst the Contractor shall place drop sheets or protective barriers in areas of high dust volume and material wastes in an effort to protect most surfaces. Where the Customer has delicate, sensitive or highly polished floors or bench tops, it shall be the Customer’s responsibility to add additional protective coverings in this instance. The Contractor shall not be held liable for any resulting damage to surfaces not adequately protected by the Customer.
Any fixtures and fittings, which the Customer may purchase through the Contractor’s trade accounts, are the Customer’s responsibility in terms of quality and choice with any warranty claims or labour to rectify warranty claims are at the Customer’s responsibility and expense.
(h) Underground Locations
Prior to the Contractor commencing the Works the Customer must advise the Contractor of the precise location of all underground services on the site and clearly mark theme
(i) Whilst the Contractor will take all care to avoid damage to any underground services the Customer agrees to indemnify the Contractor 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
(j) The Customer indemnifies the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Contractor’s rights
(k) The Customer acknowledges that it has had full opportunity to inspect the second hand Materials prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Contractor.
13. Personal Property Securities Act 2009 (“PPSA”)
(a) The Customer acknowledges and agrees that:
(i) this agreement constitute a security agreement for the purposes of the PPSA and creates a registrable security interest under the PPSA in all materials supplied or will be supplied by Electrun to the Customer;
(ii) Electrun has the right to register a financing statement under the PPSA with respect to the security interest created by this agreement;
(iii) if Electrun registers a security interest under the PPSA, Electrun may exercise any or all remedies afforded to it as a secured party, without prejudice to any other rights or remedies arising out of a breach by the Customer of any agreement with Electrun; and
(iv) the materials supplied or will be supplied by Electrun to the Customer are collateral for the purposes of the PPSA.
(b) The Customer waives any right the Customer has under the PPSA to receive notice in relation to registration events.
(c) The Customer and Electrun agree that neither party will disclose information of the kind specified under Section 275(1) of the PPSA.
(e) Electrun may elect, at its absolute discretion and at any time, that any section of the PPSA specified in Section 115 will not apply to the extent permitted by Section 115.
(f) This clause shall survive the Termination of the Contract.
(g) The Customer will execute further documents, including further security agreements, and do such further acts as may be required by Electrun to register the security interest granted to Electrun under the contract, under the PPSA.
(h) The Customer acknowledges that it has received as at the date of first delivery of the materials, equipment and other goods and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to Electrun under the Contract.
(i) The Consumer irrevocably grants to Electrun the right to enter upon The Customer’s property or premises, without notice, and without being in any way liable to The Consumer
or to any third party, if Electrun has a cause to exercise any of Electrun’s rights under section 123 and/or section 128 of the PPSA, and The Customer shall indemnify Electrun from any claims made by any third party as results of such exercise.
14. Privacy Act 1988
(a) The Customer hereby acknowledges that:
(i) Electrun collects personal information such as contact details, bank account details, insurance details and credit card details and holds such information for seven (7) years. The purpose of the collection of personal information is only for internal use.
(ii) they have been informed by Electrun that personal information about them may be disclosed to or acquired from or to a credit reporting agency.
(iii) if they require further information regarding Electrun’s Privacy Policy they may obtain same by providing notice to Electrun.
(b) The Customer hereby agrees:
(i) that Electrun may contact any trade references or other credit references at any time whether now or in the future for the purpose of assessing credit worthiness.
(ii) To Electrun receiving from any other credit provider or providing to any credit provider any information whether by way of report record or otherwise relating to credit worthiness for the purposes of exchanging information, assessing credit worthiness and notification of default at any time whether now or in the future.
(iii) To Electrun obtaining from a credit reporting agency a credit report on the Customer for the purposes of assessing any credit application and the Customer further consents to Electrun obtaining such reports from time to time for the purposes of assessing credit worthiness during the continuance of credit provision.
(iv) To Electrun obtaining from a business which provides credit information a report or information in relation to the Customer’s commercial credit worthiness or commercial dealings and using such information for the purpose of assessing the Customer’s application for credit.
(v) That, in the event of default of payment of any of their debts, Electrun may disclose all information relating to the Customer’s account to its collection agency for the purpose of receiving any or all amounts outstanding.
15. Cancellation
(a) Should the Customer fail to fulfil its payment or other obligations to Electrun, Electrun may cancel the contract by giving written notice to the customer. On giving such notice, Electrun shall not have to repay to the Customer any money paid by the Customer for work that has not yet been performed. Electrun shall not be liable for any loss or damage whatsoever arising from such cancellation.
(b) In the event that the customer cancels the contract, the customer shall be liable for the balance of the price under the contract and any other loss incurred (whether direct or indirect) by Electrun as a direct result of the cancellation (including, but not limited to, any loss of profits).
(c) The Customer acknowledges that any Cancellation of orders for products made to the Customer’s specifications, or for non-stock list items, will definitely not be accepted once production has commenced, or an order has been placed, and the customer shall be liable for any cost involved.
16. Completion
On completion of the work performed by Electrun, Electrun will remove from the site all goods, plant and equipment, rubbish and material remain property of Electrun unless otherwise agreed.
17. Miscellaneous
(a) Electrun may licence or sub contract all or any part of its right and obligations without the customer’s consent.
(i) In regards to prescribed works that involves an external inspector from the energy company to sign off the first stage of authorised power to be delivered to any property, the customer will carry out the expense of that external service.
(ii) All concrete filling, patching, cutting, trenching; ground, floor, wall, backfilling or painting by others.
(iii) All excavating or earth moving by others unless specified shall be made in writing to be approved by Electrun.
(iv) All motor VSD’s supplied by others.
(v) The Customer acknowledges that will working power would be temporary off when maintenance is taking place to avoid any danger or miss understanding relating to loss.
(b)By engaging Electrun, accepting the Quotation or entering
Into the contract with Electrun, the customer acknowledges and agrees that Electrun shall collect the Customer’s personal information in accordance with Published privacy policy
(c) These terms and conditions and the contract to which they apply shall be governed by the laws of the state of Victoria, Australia, and are subject to the jurisdiction of the Court of the State of Victoria, Australia
16. Amendments
Should you not understand anything stated in these Terms and Conditions or wish to request any amendments, please contact Electrun. If you give us instructions to proceed after receiving these Terms and Conditions, same is taken as acceptance of the terms as disclosed herein.
