Terms & Conditions
Standard Terms and Conditions of Trade for Best Electrical Ltd.
1. Definitions
“Contract” means the terms and conditions contained herein, together with any Quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. “Seller” means Best Electrical Ltd, its successors and assigns or any person acting on behalf of and with the authority of Best Electrical Ltd. “Buyer” means the person/s, entities or any person acting on behalf of and with the authority of the Buyer requesting the Seller to provide the Works.
2. Acceptance
The Buyer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Buyer places an order for or accepts delivery of any Works. Supply of Works on credit shall not take effect until a credit application has been approved.
3. Errors and Omissions
The Seller accepts no liability in respect of any alleged or actual inadvertent error(s) or omission(s) in the formation/administration of this Contract or supplied literature, and such error shall not render the Contract invalid.
4. Authorised Representatives & 5. Change in Control
Authorised representatives introduced by the Buyer have authority to order Works or variations unless limited in writing. The Buyer shall give at least fourteen (14) days prior written notice of any proposed change of ownership or contact details.
6. Price and Payment
Price shall be as indicated on invoices or the Seller’s quoted Price (binding if accepted in writing within 30 days). Variations, hidden difficulties, or supplier cost increases may adjust the Price. A non-refundable deposit of up to 20% may be required. Unless otherwise stated, Prices exclude GST. Payment is due on completion, by progress payments, on the 20th of the following month for approved accounts, or within 7 days of invoice date.
7. Provision of the Works & 8. Risk
The Seller will start Works as soon as reasonably possible, subject to site readiness and events beyond its control. Where the Seller supplies and installs Materials, contract works insurance is maintained until completion, after which risk passes to the Buyer. The Buyer must ensure structures and existing wiring are safe and suitable.
9. Insurance & 10. Compliance With Laws
The Seller maintains public liability insurance and complies with the Health & Safety at Work Act 2015 and Australian/New Zealand Wiring Standards under Electrical Safety Regulations. All work is tested for electrical safety. Unsafe switchboards or live work may require isolation and rectification at the Buyer’s cost.
11. Access & 12. Underground Locations
The Buyer must provide clear, free access and contain animals on site. Prior to work commencing, the Buyer must advise and clearly mark the precise location of all underground services (electrical, gas, sewer, water, irrigation, telecom, fibre).
13. Title & 14. PPSA & 15. Security
Ownership of Materials remains with the Seller until all amounts owing are paid in full. These terms constitute a security agreement under the Personal Property Securities Act 1999 (PPSA).
16. Defects & 17. Warranties & 18. Consumer Guarantees Act 1993
Defects or shortages must be notified within 7 days of delivery. Manufacturer warranties apply to third-party Materials. Where the Buyer acquires Materials for trade or business purposes, the Consumer Guarantees Act 1993 does not apply.
19. Intellectual Property & 20. Default & 21. Cancellation
Copyright in Seller designs, plans, and drawings remains vested in the Seller. Interest on overdue invoices accrues at 2.5% per calendar month, plus recovery costs.