“Allset” refers to Allset Electrical Solutions Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Allset Electrical Solutions Pty Ltd.
“Client” refers to the person/s buying the Goods/Service/Advice as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client.
“Works” refers to all Goods or Services supplied by Allset Electrical Solutions Pty Ltd (including the supply of Materials) to the Client at the Client’s request and includes any advice or recommendations.
“Price” refers to the Price payable for the Works as agreed between Allset Electrical Solutions Pty Ltd and the Client
The Client is deemed to have accepted and is completely bound by these terms and conditions once the Client places an order for or accepts Works from Allset Electrical Solutions Pty Ltd.
These terms and conditions may only be amended with the complete consent of Allset received in writing and these terms and conditions shall prevail over any other document or agreement between the Client and Allset.
Price and Payment
It will be at the sole discretion of Allset that the Price shall be either:
Under the following circumstances Allset may invoke their right to change the Price:
Upon a variation to the Works being supplied that is requested by the Client; or
Should any type of variation to the Works originally scheduled be requested; or
Whereupon additional Services may be required due to any unforeseen challenges, such as but not limited to, safety concerns, limitations to site access, uncompleted prerequisite work by any party, alterations to plans or design, inclement weather conditions etc. Such unforeseen circumstances may only become evident upon commencement of Works; or
Any Increased costs to Allset for labour or materials which are beyond Allset’s control.
Allset’s payment terms are:
For selected Works instalments/progress payments may be applicable at Allset’s discretion and in accordance with Allset’s payment schedule.
Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge of up to 2.5% of the transaction price is applicable to c/card purchases) or by any other payment method agreed between the Client and Allset.
Unless stated the Price does not include GST. The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable.
Delivery of Works
It is the Allset’s responsibility to ensure that the Works start as soon as it is reasonably possible.
The Works commencement date will be put back and the building period extended by whatever time is reasonable in the event that the Allset claims an extension of time (by giving the Client written notification) where completion is delayed by an event beyond Allset’s control, including but not limited to any failure by the Client to:
(a) Make a selection; or
(b) Have the site ready for works; or
(c) Notify Allset that the site is ready for commencement/continuation of Works.
The Works shall be deemed to be completed when the Works carried out under this contract have been completed in accordance with the plans, specifications and quote detailed by Allset to the Client.
The failure of the Allset to deliver shall not entitle either party to treat this contract as repudiated.
Allset shall not be liable for any loss or damage incurred by the Client whatsoever due to failure by Allset to deliver the Works promptly or at all.
Any time or date given by Allset to the Client is an estimate only. The Client must still accept delivery of the Works even if late with no liability or penalties to be incurred by Allset for loss or damage incurred by the Client as a result of late delivery or commencement of Works.
Should the Client fail to make the premises available to Allset at any pre-arranged time, Allset reserves the right to charge the Client for any costs incurred as a result of the Client’s failure to do so, including any loss of profits.
The Client shall ensure that Allset has complete and free access to the work site at all times to enable them to undertake the Works. Allset shall not be liable for any loss or damage to the site unless due to the proven negligence of Allset.
Risk of damage to or loss of any materials or Works passes to the Client upon delivery and the Client must insure the materials/Works on or before delivery or completion.
If any Materials are damaged in any way following delivery but prior to ownership passing to the Client, Allset is entitled to receive all insurance proceeds payable for the Materials. These terms and conditions will be deemed sufficient evidence of Allset’s rights to receive the insurance proceeds for such an occurrence.
If a Client requests Allset to deliver Materials to an unattended location then said materials shall be left at the Client’s sole risk who will take ownership of said materials upon delivery removing Allset from all liability for the delivered materials.
In the event asbestos or any other toxic substances is discovered at the site, the Client acknowledges that it is their complete responsibility to ensure the safe removal of said substances. In addition to this the Client agrees to indemnify Allset against any costs incurred by Allset as a result of such a discovery. Allset will never handle or be involved in the removal of asbestos product.
If for any reason Allset, its employees or management deem or consider the Client’s premises is unsafe for the installation of Works to proceed then Allset shall be fully entitled to delay Works until Allset is completely satisfied that it is safe for Works to proceed. Should the site remain unsafe for a period of 7 Days from initial written notification by Allset to the Client then Allset will be able to withdraw from Works without any liability to the Client. All Works conducted to that stage will be invoiced and payable within 30 Days by the Client who will have no recourse or claim against Allset for incomplete Works.
Client Provided Information
The accuracy of any plans, specifications and any other information provided by the Client to Allset are warranted and the full responsibility of the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client to Allset is inaccurate, Allset will accept no responsibility for any loss, costs, or damages resulting from these inaccurate plans, specifications or any other information.
It is the Client’s responsibility to verify the accuracy of any measurements and quantities provided to Allset before Allset places an order based on these measurements and quantities. Allset will have no responsibility for any loss, damages, or costs incurred due to the Client’s inability to provide accurate measurements and quantities to Allset.
Prior to commencing any work the Client must advise Allset of the precise location of all underground services on the site and clearly indicate them to Allset. This will include but not be limited to, electrical services, gas services, sewer services, pumping services, water mains, telephone cables and any other services that may be on site.
The Client agrees to indemnify Allset in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and marked by the Client for Allset.
It is agreed by the Client that ownership of Materials shall not pass until:
(a) The Client has paid all amounts owing for the particular Materials, and
(b) The Client has met all other obligations due to the Allset in respect of all contracts between Allset and the Client.
Receipt by Allset of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until such a time Allset’s ownership or rights in respect of Materials shall continue.
It is further agreed that:
(a) Where practicable the Materials shall be kept separate and identifiable until Allset have received payment and all other obligations of the Client are met; and
(b) Until such time as ownership of the Materials shall pass from Allset to the Client, Allset may give notice in writing to the Client to return the Materials to Allset. Upon such notice the rights of the Client to obtain ownership or any other interest in the Materials shall cease; and
(c) Allset shall have the right to stop the Materials in transit whether or not delivery has been made; and
(d) If the Client fails to return the Materials to the Allset then the Allset may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Materials are situated and take possession of the Materials.
The Client shall inspect the Works on delivery and shall within thirty (30) days of delivery notify the Allset of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Company an opportunity to inspect the Works within 7 Days following of notification of the alleged Defect if the Client believes the Works are defective in any way. If the Client fails to comply with these provisions the Works shall be presumed to be free from any defect or damage.
For defective Works, which Allset has agreed in writing that the Client is entitled to reject, Allset’s liability is limited to either (at Allset’s discretion) replacing the Works or repairing the Works.
Allset may (at its discretion) accept the return of Materials for credit in which case Allset may require the Client to pay a handling fee of up to twenty-five percent (20%) of the value of the returned Materials plus any freight costs.
Notwithstanding anything contained in this clause if Allset is required by a law to accept a return then Allset will only accept a return on the conditions imposed by that law.
Where Allset has designed, drawn or written plans or a schedule of Works for the Client, then the copyright in those plans, schedules, designs and drawings shall remain vested in Allset, and shall only be used by the Client at the Allset’s discretion.
The Client warrants that all designs or instructions to Allset will not cause Allset to infringe any patent, registered design or trademark in the execution of the Client’s order.
Default & Consequences of Default
Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and said interest shall compound monthly at such a rate after as well as before any judgement.
If the Client defaults in payment of any invoice when due, the Client shall indemnify Allset from and against all costs and disbursements incurred by Allset in pursuing the debt. This will include legal costs for a solicitor and own client basis and Allset’s collection agency costs.
Without prejudice to any other remedies Allset may have, if at any time the Client is in breach of any obligation (including those relating to payment) Allset may suspend or terminate the supply of Works to the Client under the Building and Construction Industry Security of Payments Act 2002. Allset will not be liable to the Client for any loss or damage the Client suffers because Allset exercised its rights under this clause.
If any account remains overdue after thirty (30) days then an amount of the greater of $30.00 or 10.00% of the amount overdue (up to a maximum of $300) shall be levied for administration fees and this sum shall become immediately due and payable.
Without prejudice to Allset’s other remedies at law Allset shall be entitled to cancel all or any part of any order of the Client which remains unperformed and all amounts owing to Allset shall, whether or not due for payment, become immediately payable in the event that:
(a) Any money payable to Allset becomes overdue, or in Allset’s opinion the Client will be unable to meet its payments as they fall due; or
(b) The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Compliance with Laws
The Client and Allset shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services.
The Client agrees that the site will comply with any relevant work health and safety laws and any other relevant safety standards or legislation.
Allset may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by providing written notice to the Client. On provision of such notice Allset shall repay to the Client any monies paid by the Client for the Goods in question. Allset will not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Client cancels delivery of Goods or Works the Client shall be liable for any and all loss incurred by Allset as a result of the cancellation (including any loss of profits).
If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
Referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
Conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
Privacy Act 1988
The Client agrees for Allset to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Allset.
The Client agrees that Allset may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the credit worthiness of Client.
The Client consents to Allset being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
The Client agrees that personal credit information provided may be used and retained by Allset for the following purposes and for other purposes as shall be agreed between the Client and Allset or required by law from time to time:
(a) provision of Works; and/or
(b) marketing of Works by Allset, its agents or distributors in relation to the Works; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Works; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Works.
Allset may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
The Client shall have the right to request in writing from Allset:
Allset will destroy personal information upon the Client’s written request or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
The Client can make a privacy complaint by contacting Allset in writing. Allset will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at oaic.gov.au.
The failure by Allset to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Allset’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
Allset shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Allset of these terms and conditions (alternatively Allset’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Allset nor to withhold payment of any invoice because part of that invoice is in dispute.
Allset may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
The Client agrees that Allset may amend these terms and conditions at any time. If Allset makes a change to these terms and conditions, then that change will take effect from the date on which Allset notifies the Client of such change.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and understands that this agreement is legal and binding.
Any and all advice, recommendations, information or services provided by Allset in relation to Works supplied is provided with positive intent. It is based on Allset’s extensive knowledge and qualifications and shall be accepted without liability on the part of Allset. The Client understands that it shall be their complete responsibility to confirm the accuracy and reliability of the advice, recommendations, information and/or services provided.