Terms and Conditions

TRADING TERMS AND CONDITIONS
ACCOUNTS WITH BATHURST ELECTRICAL PTY LTD

1) Application of Trading Terms and Conditions

1.1 All orders placed by Customers holding credit accounts shall be subject to these Trading Terms and Conditions.

1.2 Bathurst Electrical Pty Ltd may vary these Trading Terms and Conditions at any time and such variations shall apply following notification to the Customer.

1.3 Any purported amendment of these Trading Terms and Conditions by the Customer shall be of no effect unless the amendment is expressly agreed to by Bathurst Electrical Pty Ltd in writing.

1.4 Bathurst Electrical Pty Ltd shall, in its sole discretion, determine the credit limit granted to any Customer from time to time.

1.5 Bathurst Electrical Pty Ltd may withdraw the Customer’s credit facilities at any time for any reason without notice to the Customer or any Guarantor(s).

2) Prices

2.1 Where the Service and the goods ordered are subject to GST, then the amount of GST charged will be noted accordingly.

2.2 Where the goods and/or services ordered are subject to any State or Federal tax or duty (apart from GST), then any price quoted by Bathurst Electrical Pty Ltd will include such taxes or duties.

2.3 If the Customer varies any order, Bathurst Electrical Pty Ltd may charge the Customer the additional costs incurred by Bathurst Electrical Pty Ltd as a consequence of such variation.

2.4 If any price quoted by Bathurst Electrical Pty Ltd does not include the cost of delivering the goods, then Bathurst Electrical Pty Ltd may charge the Customer for that cost.

3) Invoices

3.1 Subject to clause 3.2, Bathurst Electrical Pty Ltd will invoice the Customer upon the services, the collection, delivery or installation of the goods ordered.

3.2 Notwithstanding clause 3.1, Bathurst Electrical Pty Ltd reserves the right to invoice the Customer:

(a) at any time for the work in progress on any order; and/or

(b) prior to the collection, delivery or installation of goods the subject of any order.

3.3 The Customer acknowledges and agrees that any tax invoice or progress claim issued by Bathurst Electrical Pty Ltd, where elected by Bathurst Electrical Pty Ltd, will be a “payment claim” for the purposes of the Building & Construction Industry Security of Payments Act 1999 or such equivalent Act where the goods or services are supplied by Bathurst Electrical Pty Ltd outside NSW.

4) Payment

4.1 The Customer must pay for goods and/or services within the agreed terms detailed on the Invoice starting from the date of invoice.

4.2 If payment is not made by the Customer in accordance with clause 4.1, Bathurst Electrical Pty Ltd may (in addition to any other rights it may have) charge the Customer interest at the rate of 15 % per annum (or such other rate as Bathurst Electrical Pty Ltd notifies the Customer from time to time) on each overdue account. Interest shall accrue from the last date for payment of each account.

4.3 The Customer acknowledges and agrees that, regardless of any security held or any action taken by Bathurst Electrical Pty Ltd against another person to recover payment, including without limitation under the Subcontractor’s Charges Act 1974 , it will remain liable to pay Bathurst Electrical Pty Ltd as set out in this clause 4, and Bathurst Electrical Pty Ltd will be entitled to take such recovery action it considers appropriate against the Customer and any Guarantor under these Terms and Conditions,

4.4 The Customer acknowledges and agrees that, Bathurst Electrical PTY LTD may at its discretion, send accounts that are past due to a Debt Collection Agency, such as PRUSHKA FAST DEBT RECOVERYPTY LTD for collection, The Customer acknowledges and accepts that all legal and commission charges will be added to the claim.

5) Inspection

5.1 The Customer will inspect the goods comprised in any services provided immediately after their delivery or installation.

5.2 Bathurst Electrical Pty Ltd will not consider any claim for mis delivery, shortage, defect or damage to goods supplied unless such claim is in writing and received within 7 days from the date of collection or delivery of the goods.

5.3 If the Customer makes any claim in pursuance of clause 5.2, then Bathurst Electrical Pty Ltd and the Customer must use all reasonable endeavours to negotiate a resolution in respect of those goods.

6) Title and Risk

6.1 Bathurst Electrical Pty Ltd will retain legal ownership of all goods supplied until the Customer, as fiduciary holder of the goods, makes payment in full of all moneys owing to Bathurst Electrical Pty Ltd.

6.2 The Customer irrevocably grants to Bathurst Electrical Pty Ltd, its agents and servants an unrestricted right and licence to enter, without notice, premises occupied by the Customer to identify and remove any goods the property of Bathurst Electrical Pty Ltd, where the account is overdue.

6.3 Bathurst Electrical Pty Ltd shall have the right to sell or dispose of any goods removed in accordance with clause 6.2.

7) Force Majeure

Bathurst Electrical Pty Ltd will not be liable for any losses, damages, costs or expenses suffered by the Customer as a result of any delay or failure by Bathurst Electrical Pty Ltd to supply any goods where such delay or failure is due (whether in whole or in part) to any cause or circumstance beyond the control of Bathurst Electrical Pty Ltd.

8) Fitness for Purpose

The Customer acknowledges and agrees that it does not rely on Bathurst Electrical Pty Ltd’s skill or judgment in relation to the suitability of any goods supplied by Bathurst Electrical Pty Ltd for a particular purpose. Any advice, recommendation, information or assistance provided by Bathurst Electrical Pty Ltd is without any liability whatsoever.

9) Trusts and Trustees

Where the Customer is a Trustee:

(a) the Customer agrees to produce a stamped copy of the trust deed (with all and any amendments) if and when requested by Bathurst Electrical Pty Ltd;

(b) the Customer warrants that it has full power and authority to enter into any agreement with Bathurst Electrical Pty Ltd on behalf of the trust and that the Customer is bound by these Terms and Conditions both personally and in its capacity as Trustee.

10) Default

10.1 The Customer will be in default of these Trading Terms and Conditions if:

(a) the Customer fails to comply with any of these Trading Terms and Conditions; or

(b) the Customer, being a natural person or persons, commits any act of bankruptcy or, being a corporation, passes a resolution for winding up or enters into any arrangement with creditors or a receiver and/or manager and/or an administrator is appointed to any property or assets of the Customer.

10.2 In the event of default by the Customer under these Trading Terms and Conditions:

(a) all moneys owing to Bathurst Electrical Pty Ltd shall, at the option of Bathurst Electrical Pty Ltd, become immediately due and payable; and

(b) Bathurst Electrical Pty Ltd may, without notice and in addition to any other rights it may have:

(i) suspend or cancel any credit account provided to the Customer;
(ii) suspend or cancel any orders placed by the Customer; or
(iii) exercise its rights under clause 7.

10.3 Clause 10.2(a) will apply:

(a) Irrespective of the date of supply of the goods or services; and

(b) regardless of whether the goods ordered have been collected, delivered or installed.

11) Review of Credit Account

11.1 Bathurst Electrical Pty Ltd may, at any time and in its sole discretion, review any credit account provided to the Customer and may, at its option, do any one or more of the following:

(a) seek further information from the Customer regarding the Customer’s financial position;

(b) allow the continuation of the account;

(d) suspend credit.

11.2 If Bathurst Electrical Pty Ltd cancels any credit account provided to the Customer in pursuance of this clause, then Bathurst Electrical Pty Ltd will inform the Customer of such cancellation.

11.3 The Customer will promptly assist Bathurst Electrical Pty Ltd and do all things reasonably required by Bathurst Electrical Pty Ltd to give effect to this clause.

11.4 The Customer and each Guarantor undertakes to immediately notify Bathurst Electrical Pty Ltd of any change in their legal status or, in the case of a company, at any time the directorship of the company changes.

12) No Liability for Losses

Bathurst Electrical Pty Ltd will not be liable for any losses, damages, costs (including legal costs) and expenses suffered by the Customer by reason of the operation of or the exercise by Bathurst Electrical Pty Ltd of the rights, benefits and concessions conferred by these Trading Terms and Conditions.

13) Indemnity by Customer

The Customer hereby indemnifies Bathurst Electrical Pty Ltd against all losses, damages, costs (including legal costs on an indemnity basis) and expenses which Bathurst Electrical Pty Ltd suffers by reason of:

(a) the breach by the Customer of these Trading Terms and Conditions; and

(b) the operation of or the exercise by Bathurst Electrical Pty Ltd of the rights, benefits and concessions conferred by these Trading Terms and Conditions.

14) Guarantee and Indemnity

14.1 The Guarantor hereby promises:

(a) that the Customer will comply in all respects with these Trading Terms and Conditions; and

(b) to pay to Bathurst Electrical Pty Ltd upon demand all moneys which the Customer owes to Bathurst Electrical Pty Ltd.

14.2 The Guarantor hereby indemnifies Bathurst Electrical Pty Ltd against all losses, damages, costs (including legal costs on an indemnity basis) and expenses which Bathurst Electrical Pty Ltd suffers by reason of the Customer’s failure to pay any moneys due to Bathurst Electrical Pty Ltd.

14.3 The Guarantor agrees to pay interest on all moneys owing in pursuance of this Guarantee and Indemnity from the date for payment thereof at the rate of 15% per annum or such other rate as is payable by the Customer from time to time.

14.4 Where this Guarantee and Indemnity is given by more than one person, their liability hereunder is both joint and several.

14.5 This Guarantee and Indemnity is a continuing Guarantee and Indemnity for the whole of the moneys owing to Bathurst Electrical Pty Ltd from time to time and shall remain in full force and effect until discharged.

14.6 This Guarantee and Indemnity may be enforced against the Guarantor without Bathurst Electrical Pty Ltd being first required to exhaust any remedy it may have against the Customer or to enforce any security it may hold for the moneys owing.

14.7 The Guarantor:

(a) agrees to allow Bathurst Electrical Pty Ltd to provide credit reporting agencies with all information regarding the Guarantor permitted by the Privacy Act 1988 as amended and any other State or Federal legislation permitting the providing of information to certain persons or entities;

(b) consents to Bathurst Electrical Pty Ltd obtaining information regarding the Guarantor from credit reporting agencies; and

(c) agrees to provide Bathurst Electrical Pty Ltd from time to time (upon request) with a list of the assets and liabilities of theGuarantor.

14.8 Any purported amendment of these Trading Terms and Conditions by the Guarantor shall be of no force or effect unless the amendment is expressly agreed to by Bathurst Electrical Pty Ltd in writing.

14.9 This Guarantee shall be construed in accordance with the laws of the State of NSW and the Guarantor submits to the non-exclusive jurisdiction of the Courts of NSW.

14.10 The Guarantor acknowledges and agrees that, notwithstanding any action taken by Bathurst Electrical Pty Ltd to recover or attempt to recover all or part of any moneys owing by the Customer from time to time (including, without limitation, by Bathurst Electrical Pty Ltd proving for any debt in an administration, liquidation or other arrangement affecting the Customer), nothing is to be construed as a waiver or compromise of Bathurst Electrical Pty Ltd’s rights to recover the Customer’s full liability as against the Guarantor under this Guarantee

15) Privacy Act

Each of the Customer and the Guarantor(s) acknowledge that the information provided in this Application, and to Bathurst Electrical Pty Ltd from time to time, is the basis for the evaluation by Bathurst Electrical Pty Ltd of our financial standing and creditworthiness and hereby:

(a) certify that the information is true and correct;

(b) acknowledge that Bathurst Electrical Pty Ltd has informed them, in accordance with the Privacy Act 1988 that certain items of personal information, including an opinion about each of them, are permitted to be kept on a credit information file and may be disclosed by Bathurst Electrical Pty Ltd to credit reporting agencies;

(c) in accordance with the Privacy Act, agree to Bathurst Electrical Pty Ltd obtaining from any credit reporting agency or business, information concerning their commercial activities and credit worthiness and using such information to assess whether to accept this Application and/or to provide credit to the Customer and/or supply goods or services to the Customer from time to time; and

(d) agree that Bathurst Electrical Pty Ltd may give and seek from any credit provider reports and information that has any bearing on their creditworthiness, credit standing or credit history insofar as Bathurst Electrical Pty Ltd considers such action to be necessary or desirable to protect or exercise its rights hereunder.