CUSTOMER TERMS AND CONDITIONS
Terms and Conditions of Sale
Interpretation - In these conditions:
(1) “Powerhouse” means Powerhouse Wiring Solutions Pty Ltd (ABN 36 647 582 821) and its successors, assigns or any person acting on its behalf and with its authority.
(2) “Buyer” means the purchaser of the Goods and/or Services.
(3) “Goods” means the materials, equipment and products provided or to be provided to the Buyer by Powerhouse as listed on the Quotation or any written variation there to;
(4) “Quotation” means a written quotation from Powerhouse for the supply of Goods and/or Services to the Buyer;
(5) “Practical Completion” means the Goods and/or Services provided by Powerhouse have reached the stage where they have been completed, except for minor omissions.
(5) “Services” means the services provided or to be provided to the Buyer as listed by Powerhouse on the Quotation or any variation thereto;
(6) “Variation” means Goods and Services provided by Powerhouse to the Buyer that do not form part of the Goods and Services in the Quotation.
(7) “Work Site” means the location for delivery and/or installation as specified on the Quotation or as agreed between Powerhouse and the Buyer in writing.
2. Terms - The Goods and/or Services are sold on the terms and conditions herein and attach to each supply of Goods and/or Services by Powerhouse to the Buyer.
3. Quotations - Unless previously withdrawn, any Quotation is open for acceptance within the period stated therein or, when no period is so stated, within 14 days after its date. Powerhouse reserves the right to refuse for any reason any order based on the Quotation within 7 days after the receipt of the same. All Quotations are based on the delivery and installation of Goods during the hours of 8:00am and 5:00pm Monday to Friday and specifically exclusive of public holidays. Unless otherwise stated all prices quoted by Powerhouse are net, exclusive of Goods and Services Tax (GST).
4. Acceptance – Full payment or part payment, instructions in relation to the supply, receipt of and verbal or written agreement to accept the Goods and/or Services shall all constitute acceptance of the terms and conditions herein.
5. Shortage/ Defect - The Buyer will inspect the Goods and Services upon receipt and notify Powerhouse of any defects or shortages within five (5) days from the date of receipt of the Goods and Services and upon failing to do so, the Buyer waives any claim against Powerhouse for defects in, or shortage of, any Goods and Services.
6. Cancellation by Powerhouse –Powerhouse may in its sole discretion cancel delivery of Goods and/or Services at any time before they are receipted by the Buyer by giving written notice to the Buyer and upon giving such notice shall not be liable for any loss or damage arising whatsoever from such cancellation.
7. Cancellation by the Buyer - No order for Goods and/or Services may be cancelled by the Buyer without consent in writing from Powerhouse.
8. Drawings/Specifications - All specifications, drawings, and particulars submitted by Powerhouse are approximate only and any deviation does not vitiate any contract with Powerhouse or form grounds for any claim against Powerhouse. The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of these terms and conditions of sale or of the description applied to the Goods and/or Services.
9.Performance - Any performance figures given by Powerhouse are estimates only. Powerhouse is under no liability for damages for failure of the goods to attain such performance unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
10.Delivery - Any delivery times made known to the Buyer are estimates only and Powerhouse is not liable for loss, damage or delay arising from late delivery or non-delivery or late installation or non-installation of the Goods and/or Services. Powerhouse may at its option provide the Goods and or Services to the Buyer in any number of instalments. If Powerhouse delivers any Goods or Services by instalments, and any one of those instalments is defective for any reason, then it is not a repudiation of the whole of the order and the defective instalment is a severable breach that gives rise only to a claim for compensation to the value of the Goods and/or Services. The risk of loss or damage in any Goods passes to the Buyer upon collection or where Powerhouse is responsible for the delivery then when the Goods are delivered.
11.Work Site – The Buyer shall ensure that the Work Site is safe and clear of any hazards. Any delay or obstructions caused to the supply of the Goods and/or Services that are outside of the control of Powerhouse shall give rise to a Variation. Powerhouse shall not be liable for any loss or damage caused in accessing the Work Site including, but not limited to, damage to any walls, flooring, and ceiling. Where Goods are to be installed by Powerhouse at the Work Site and, for any reason, are unable to be installed at the time of delivery, the Buyer shall provide a locked and well secured area at the Work Site suitable for the storage of the Goods.
12.Force Majeure–Powerhouse will not be liable for any default due to a condition that is out of the reasonable control of Powerhouse including flood, fire, storm, strike.
13.Guarantee and Warranty - Powerhouse’s liability for Goods and/or Services supplied to the Buyer is limited to making good any defects or at Powerhouse’s option by replacement, within a period not exceeding twelve (12) calendar months after receipt or installation of the Goods and/or Services and such liability is only enforceable by the Buyer where the defects have arisen solely from faulty materials or workmanship and the Goods have not received maltreatment, inattention, incorrect use or interference and the defective Goods are promptly returned free of cost to Powerhouse. Unless otherwise agreed in writing, any works to be performed by reason of such liability shall be performed between 9:00am and 5:00pm Monday to Friday exclusive of public holidays. Where the Goods have not been manufactured by Powerhouse, the guarantee and warranty of the manufacturer of the Goods is accepted by the Buyer and is the only guarantee and warranty given to the Buyer in respect of the
Goods. Powerhouse agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or guarantee that the manufacturer has granted to Powerhouse to the extent that the benefit of any warranty or guarantee is assignable. Powerhouse’s liability for breach of a condition or warranty implied by the Competition and Consumer Act 2010 is limited to: (i) in the case of Goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired; or (ii) in the case of services, the supplying of the services again or payment of the cost of having the services supplied again.
14.Payment – Powerhouse will charge and the Buyer will pay as per the amount in the Quotation plus any additional costs communicated to the Buyer that are incurred in Powerhouse providing Goods and/or Services plus any amount for a Variation. The final invoice provided to the Buyer may vary from the Quotation. The invoice amount is payable net and payment of the amount plus GST is due on the day of delivery of the Goods unless other terms of payment are agreed in writing by Powerhouse. The Buyer shall not be treated as having paid for Goods and/or Services until such time as cleared funds are received by Powerhouse. All payments that are due to Powerhouse by the Buyer are to be made without deduction or set-off, whether legal or equitable. The Buyer agrees to indemnify Powerhouse against all costs and expenses (including legal costs on an indemnity basis) incurred by Powerhouse and/or its agents in respect of the Buyer, relating to any enforcement of obligations and recovery of monies due to Powerhouse or possession of Goods. Powerhouse may at any time set-off amounts owed by Powerhouse to the Buyer from any money owing by the Buyer to Powerhouse. Any error in an invoice supplied to the Buyer by Powerhouse must be communicated in writing to Powerhouse within 14 days of receiving the invoice. Notwithstanding the communication, the full amount of the invoice shall remain as the amount owed by the Buyer to Powerhouse.
15. Assignment – Powerhouse has the right to assign to a third party any obligations that it has to the Buyer in relation to the supply of Goods and/or Services.
16. Variation –If there is a Variation, the amount payable by the Buyer for the Valuation is to be agreed between the parties and, if the amount cannot be agreed, is the be calculated on a unit rate basis according to unit prices set out in the Quotation and in the absence of unit prices, according to the reasonable market value of the Goods and/or Services.
17.Practical Completion – In the event that Goods are to be installed by Powerhouse
at the Work Site and if the Buyer seeks to use any part or portion of the Goods prior to completion of the installation, the Buyer must issue Powerhouse with a Certificate of Practical Completion for the part or portion and the defect liability period for that part or portion shall commence from that date.
18.Default – Interest of 15% per annum calculated daily will accrue on any unpaid amounts for the supply of Goods and/or Services from the date upon which the amount is payable in accordance with these terms until the date upon which the purchase price and all accrued interest is received as cleared funds by Powerhouse.
19.Rights in relation to goods - Powerhouse reserves the following rights in relation to the Goods and any materials used in the supply of Services until all amounts owed by the Buyer to Powerhouse are fully paid:
(1) ownership of and title in the Goods;
(2) to enter the Buyer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the Goods;
(3) to keep or resell any Goods repossessed pursuant to the terms herein; and
(4) If the Goods are resold, or products manufactured using the Goods are sold, by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods and/or Services sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Powerhouse and shall pay such amount to Powerhouse upon request. Notwithstanding the provisions above Powerhouse shall be entitled to maintain an action against the Buyer for any unpaid Goods and/or Services.
20.Storage - Powerhouse reserves the right to make a reasonable charge to the Buyer for storage of Goods if delivery instructions are not provided by the Buyer or the Buyer fails to collect the Goods within 14 days of a request by the Powerhouse for the same. The parties agree that Powerhouse may charge for storage from the first day after Powerhouse requests the Buyer to provide delivery instructions or collect the Goods.
21.Returned goods - Powerhouse is not under any duty to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case. If Powerhouse agrees to accept returned Goods from the Buyer, the Buyer must return the Goods to Powerhouse at Powerhouse’s selected location.
22.Liability and Indemnity – The Buyer acknowledges that the Goods and/or Services may be required in a life threatening situation and (a) acknowledged that it is the responsibility if the Buyer to maintain, replace and repair any Goods and indemnifies and releases Powerhouse from all liabilities, losses, actions, proceedings, costs, expenses and damages claimed by any person or entity, including the Buyer, with respect to loss or damage to property or personal injury or death arising directly or indirectly in connection with the negligence or breach of these terms and conditions by any person, employee, agent or sub-contractor of Powerhouse in the provision of the Goods and/or Services; Any malfunction or fault in the Goods and/or Services; Any force of nature or matter outside of the control of Powerhouse; and Any malfunction or fault in the Goods and/or Services.
23.Place of contract - This contract for sale of Goods and/or Services is made in the State of Western Australia and the Buyer agrees to submit all disputes arising between it and Powerhouse to the courts or tribunals of Western Australia.
24.Validity – If any provision of these terms and conditions is deemed invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.