Terms & Conditions

1. Contract
   1. If You accept Our quote and/or provide Us with instructions to start work, then You agree to be bound by these Terms.
   2. These Terms can only be amended with Our prior written consent.
   3. All Works are supplied in accordance with these Terms to the exclusion of any order form or other document or instruction received from You.
   4. You must inform Us at least seven (7) days prior to any change of ownership of the premises to which the Works relate. Despite any such change of ownership, You remain liable under these Terms.
2. Price and Payment
   1. Our quoted price is only binding upon Us if you have accepted the quote within 30 days of the date of the quote.
   2. The balance of the price is due within 7 days of the invoice date for all clients with the exception of those who have a written and official Approved Credit Application with NCB Electrical.
   3. GST and any other taxes or duties will be added to the Price, unless they have been expressly included.
   4. You acknowledge and agree that all quotations are subject to a site inspection confirmation.
   5. Unless clearly stated by Us to the contrary, Our quotation does not include scaffolding, lifting equipment, trenching or any electrical equipment or goods that maybe required to make your previous electrical system meet current regulations and if they are required the cost will be charged separately prior to the completion of the installation.
   6. In the event of any variation from the quotation We will reissue the quotation with the relevant variation of the Price and this additional cost must be accepted prior to work commencing.
3. Risk and Title
   1. All liabilities and risk in the Goods passes to You upon delivery to your premises/site.
   2. If You instruct Us to leave any Goods or equipment outside Our premises for collection or to an unattended address, those Goods are delivered at Your sole risk.
   3. Where any of the Goods are damaged or destroyed following delivery but prior to the passing of title, We are entitled to all insurance proceeds payable in relation to the Goods and presenting these Terms shall be sufficient evidence of Our rights to the proceeds.
   4. Title in the Goods shall not pass to You until all sums payable by You to Us have been paid.
   5. Where You make payment other than by cash, You will only have effected payment when We are in receipt of cleared funds.
   6. You agree that until title passes, We may take possession of the Goods/equipment or remove our work and You will not deal with the Goods in any way that is adverse to our interest in the Goods.
4. Site Conditions
   1. It is Your responsibility to ensure that the work site is ready for the Works. If you fail to do so and We cannot commence or continue the installation, a fee will be charged by Us. In this context, “ready for the Works” includes without limitation clear access to the work site, and the ability to work freely and unhindered.
   2. We shall not be liable for any loss or damage to the work site (including without limitation, grassed areas, paving, tiling) except that caused by Our negligence.
   3. You are responsible for advising Us of the location of any and all underground services which may cause an obstruction or hindrance to the Works. You agree to indemnify Us in relation to all claims, loss, damage, costs and fines resulting from damage to services .
   4. It is Your responsibility to obtain all permits and consents (including without limitation from the local council) and You agree to indemnify Us in relation to all claims, loss, damage, costs and fines resulting from Your failure to do so.
   5. We have not allowed for any co-ordination between trades, and that remains the responsibility of you. If a conflict occurs that prevents us working as clause 4.1 states, you may be liable to reimburse us for lost time and or any other loss we may encounter.
   6. No Allowances have been made for any site specific training, PPE, inductions, courses, licenses, or permits to be attained and the requirement of such may cause the quotation to be adjusted and reissued.
5. Defects
   1. You must notify Us within 3 days of completion of any defect in the Goods (including damage, insufficient quantity or non- compliance with description). Following such notification, You must allow Us reasonable opportunity to inspect the Goods. If You do not provide notice within 3 days or allow Us to inspect, then the Goods are deemed to be free of any defect.
   2. If We agree that the Goods contain a defect We will (at Our absolute discretion) replace or repair the Goods.
   3. We are not liable for any defect in any product that is not supplied by us, or that is specifically requested by you.
6. Warranty
   1. Subject to clauses 6.2 and 6.3, We will repair or replace (at our absolute discretion) any defect to the Works notified to Us within 12 months of the date of completion.
   2. Our warranty in clause 7.1 is subject to the following:
      1. Our warranty does not include any defect or damage caused by:
         1. neglect, lack of maintenance;
         2. impacts, damage not caused by Us, misuse;
         3. fair wear and tear;
         4. continued use after the damage should have been apparent to a reasonable user;
      2. Our warranty immediately ceases if any person other than Us performs any repairs, alterations or other works on the Goods/Equipment/Wiring Sytem;
      3. We are not liable for any delay in assessing Your claim or replacing or repairing any defect.
   3. The warranty in clause 7.1 does not apply to any Goods not supplied by Us, or specifically requested by you. The warranty for Goods not supplied by Us will be the warranty provided by the relevant manufacturer or importer and We shall have no liability whatsoever in relation to those Goods.
   4. Unless stated by Us in writing, We make no warranty as to fitness for purpose.
   5. The warranty offered by NCB Electrical is explicitly limited to the workmanship provided by its employees.
   6. All equipment used will carry the manufacturer’s warranty.
7. Cancellation
   1. We may cancel any contract to which these Terms apply at any time by notice to You. Upon giving such notice to You, We must refund all monies paid to Us by You. We are not liable for any loss or damage howsoever resulting from such cancellation.
   2. Subject to clause 7.3, You may cancel any contract to which these Terms apply at any time by notice to Us. You will be liable to Us for all loss We suffer by reason of that cancellation including without limitation the cost of any Goods delivered, any non-standard orders made by Us in relation to the contract, loss of profits.
   3. Under no circumstances may you cancel any order which involves the supply or manufacture of non-standard Goods, or any order requiring a significant amount of goods.
8. Consequences of Default
   1. If You breach any of Your obligations under these Terms or any contract to which these Terms apply, We may suspend or terminate the supply of the Works to You and any other obligations to You. Your obligation to pay all sums due is not affected by any suspension or termination by Us. We are not liable to you for any loss or damage suffered by You by reason of any suspension or termination by Us.
   2. Without limiting Our rights under clause 8.1:
      1. interest is charged on all sums not paid by the due date at the rate of 10% per month, compounding monthly;
      2. if any payment by You is dishonoured, You will pay Our costs in relation to that dishonoured payment;
      3. You will be charged an administration fee in relation to any sum overdue for more than 30 days, every 30 days, which is calculated as being the lesser of 10% of the amount overdue (excluding interest) and the sum of $200.
      4. If we decide to take legal action in attempt to recover due payments you will be liable to pay for such costs.
   3. You will be deemed to be in default of these Terms or any contract to which these Terms apply if:
      1. You do not pay any sum when due;
      2. You die or become insolvent;
      3. a meeting is convened with Your creditors, an arrangement (formal or informal) with Your creditors is proposed;
      4. an application is made to wind You up, a controller or administrator is appointed in relation to You or any asset of Yours.
9. Personal Property Securities Act 2009 (“PPSA”)
   1. In this clause
      1. “financing statement” has the same meaning as defined by the PPSA;
      2. “financing change statement” has the same meaning as defined by the PPSA;
      3. “security agreement” has the same meaning as defined by the PPSA as between Us and You in this agreement;
      4. “security interest” has the same meaning as defined by the PPSA.
   2. By agreeing to these Terms You agree that these Terms:
      1. constitute a security agreement for the purposes of the PPSA;
      2. create a security interest in any Goods previously supplied which have not been fully paid for and for Goods that will be supplied in the future by Us to You.
   3. You undertake to:
      1. promptly sign and provide any documents and/or accurate information We may require to register a financing statement or financing change statement concerning a security interest on the Personal Property Securities Register, to register any other document required to be registered by the PPSA and/or to correct any defects in such documents or information;
      2. indemnify and reimburse Us for all costs for a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
      3. not register a financing change statement in respect of a security interest on Goods supplied by Us in relation to which any sum is unpaid without Our prior written consent;
      4. not register, or permit a third party to register, a financing statement or a financing change statement concerning Goods supplied by Us in relation to which any sum is unpaid without Our prior written consent;
      5. promptly notify Us of any material change in Your methods and policies of selling and/or reselling Goods supplied by Us which would change the nature of proceeds of such sales.
   4. You and We agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these Terms and You waive Your rights to receive notices under sections 95, 118, 121(4),130, 132(3)(d) and 132(4) of the PPSA.
   5. You waive your rights as a grantor and/or a debtor under sections 142 & 143 of the PPSA.
   6. unless otherwise agreed in writing by Us, You waive your rights to receive a verification statement under section 157 of the PPSA.
   7. You shall unconditionally approve any actions taken by Us under clauses 11.2 to 11.6.
10. Security
    1. You agree to charge mortgage and/or charge all of Your interest in any real estate or other chargeable asset to Us to secure all monetary amounts payable pursuant to these Terms. You acknowledge and agree that We are entitled to lodge a caveat to secure Our interest.
11. General
    1. The laws of Western Australia apply to these Terms and any contract to which these Terms apply and are subject to the jurisdiction of the court of that State.
    2. Should any clause or clauses of these terms be invalid for any reason then such clause or clauses or parts thereof shall be deleted without affecting the validity of the remaining portions of these terms.
    3. Nothing in these Terms is intended to have the effect of contracting out of the provisions of the Competition and Consumer Act 2010 (Cth) or the Construction Contracts Act 2004 (WA) except to the extent permissible.
    4. If any part of these Terms is inconsistent with the PPSA the PPSA shall prevail to the extent of the inconsistency.
    5. Any failure by Us to enforce any part of these Terms shall not be treated as a waiver and shall not affect Our right to subsequently enforce these Terms.
    6. You may not set off against or deduct from the Price any monies You allege are owing by Us to You and You may not withhold payment of any invoice because You dispute any part of that invoice.
    7. In the event of any breach by Us, the extent of Our liability shall not exceed the Price.
    8. We reserve the right to alter these Terms at any time and such changes will be effective from the date We notify You of these changes. You will be deemed to have accepted such changes upon placing further order with Us.
    9. We may license or sub-contract all or any part of Our rights and obligations without Your consent.
12. Definitions
    1. “Approved Clients” means from whom we have agreed to accept payment wholly or partly in arrears.
    2. “Goods” means all goods supplied by Us to You (and where the context permits shall include services) and are as described on the invoices, quotation, work authorisation or any other documentation provided by Us to You.
    3. “Our”, “Us”, “We” means NCB ELECTRICAL, its successors and assigns or any person acting on behalf of and with the authority of NCB ELECTRICAL.
    4. “Price” means the monies payable by You to Us for the Works.
    5. “Terms” means the terms and conditions contained in this document as amended from time to time by Us.
    6. “Works” means the goods and services supplied by Us to You in accordance with the invoices, quotation, work authorisation or any other documentation provided by Us to You.
    7. “You”, “Your” means the client or any person acting on behalf of and with the authority of the client as described on any invoice, quotation, work authorisation or any other documentation provided by Us to You.

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