TERMS OF TRADE
1. Defined Terms
1.1 “the Electrician” means JWB Electrical Ltd, its successors and assigns or any person acting on behalf of and with the authority of Justin Blackburn.
1.2 Customer” means the person/s or entity being provided Works as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally. The Customer includes any person or entity that the Customer introduces to the Electrician as their duly authorised representative. The Electrician may take instructions from the duly authorised representative as if they came directly from the Customer. The Customer may revoke this authorisation at any time by providing notice to the Electrician in writing of this revocation.
1.3 “Works” means all works, services or Materials supplied by the Electrician to the Customer from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Works as agreed between The Electrician and the Customer in accordance with clause 3 below.
2. Acceptance of these Terms and Conditions
2.1 Upon the Customer accepting a quote, placing an order for or accepting delivery of any Works the Customer is taken deemed to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions.
2.2 The Customer accepts and acknowledges its obligation to provide all contract Works insurance unless otherwise agreed to in writing prior to commencement of the Works.
2.3 The supply of Materials by the Electrician to the Customer for accepted orders is subject to availability and if, for any reason, Materials are not or cease to be available, The Electrician reserves the right to vary the Price with alternative Materials as per clause 3.3. The Electrician also reserves the right to halt all Works until such time as The Electrician and the Customer agree to such changes.
3. Invoicing and Payment
3.1 At the Electrician’s sole discretion, the Charges shall be, either:
(a)in accordance with any quote provided by the Electrician;
(b)as indicated on any invoice provided by the Electrician to the Customer; or 3.2 subject to clause 3.3, the Charges as at the date of provision of the Services, according to the Electrician’s written quote to the Customer, which will be valid for the period/s stated therein.
3.3 Unless otherwise stated in writing, the Customer shall be charged for the Electrician’s travel costs by set fee, mileage fee or in any manner that the Electrician chooses.
3.4 The Electrician reserves the right to change the Price: (a)if a variation to the Materials which are to be supplied is requested; or
(b)if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
(c)where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, hard rock barriers below the surface, iron reinforcing rods in concrete, hidden pipes and wiring in walls or poorly prepared surfaces etc) which are only discovered on commencement of the Works; or
(d)in the event of increases to the Electrician in the cost of labour or materials which are beyond The Electrician’s control.
3.5 Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by the Electrician, which may be:
(a)on completion of the Works; or
(b)by way of progress payments in accordance with the Electrician’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the worksite but not yet installed;
(c)the date specified on any invoice or other form as being the date for payment; or
(d)failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Electrician.
3.6 Payment will be made by electronic/online banking, or by any other method as agreed to between the Customer and the Electrician.
3.7 At the Electrician ’s sole discretion a deposit may be required upon request.
3.8 Unless otherwise stated the Charges do not include GST. In addition to the Charges the Customer must pay to the Electrician an amount equal to any GST the Electrician must pay for any provision of Services by the Electrician under this or any other agreement. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Charges. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Charges, except where they are expressly included in the Charges.
4. Provision of Works
4.1 Subject to clause 4.2 the Electrician will ensure that the Works start as soon as it is reasonably possible or as otherwise as advised to the Customer.
4.2 The Works commencement date will be put back and the completion date extended by whatever time is