TERMS OF TRADE
1.1 “AM Electrical” shall mean AM Electrical Ltd or any agents or employees thereof
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from AM Electrical.
1.3 “Goods” shall mean:
1.3.1 all Goods of the general description specified on the front of this agreement and supplied by AM Electrical to the Customer; and
1.3.2 all Goods supplied by AM Electrical to the Customer; and
1.3.3 all inventory of the Customer that is supplied by AM Electrical; and
1.3.4 all Goods supplied by AM Electrical and further identified in any invoice issued by AM Electrical to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 all Goods that are marked as having been supplied by AM Electrical or that are stored by the Customer in a manner that enables them to be identified as having been supplied by AM Electrical; and
1.3.6 all of the Customer’s present and after-acquired Goods that AM Electrical have performed work on or to or in which goods or materials supplied or financed by AM Electrical have been attached or incorporated.
1.3.7 the above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Goods and Services” shall mean all goods, products, services and advice provided by AM Electrical to the Customer and shall include without limitation all contracting and maintenance services and the supply of components and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services by AM Electrical to the Customer.
1.5 “Price” shall mean the cost of the Goods and Services as agreed between AM Electrical and the Customer and includes all disbursements eg charges AM Electrical pay to others on the Customer's behalf subject to clause 4 of this contract.
2.1 Any instructions received by AM Electrical from the Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises AM Electrical to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Goods and Services provided by AM Electrical to any other party.
3.2 The Customer authorises AM Electrical to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by AM Electrical at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of AM Electrical between the date of the contract and delivery of the Goods and Services.
5.1 Payment of AM Electrical’s account is due within 14 days of receipt of invoice unless otherwise indicated on the front of this contract or agreed by AM electrical in writing
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by AM Electrical in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 If the customer’s account remains unpaid after its due date AM Electrical will not be required to send the customer a reminder notice. If the customer has not communicated to us that the amount unpaid is subject to genuine dispute, AM Electrical will send your unpaid debt to a debt collection agency for recovery.
5.5 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
6.1 Where an estimate is given by AM Electrical for Goods and Services:
6.1.1 Unless otherwise agreed the estimate shall be valid for thirty (30) days from the date of issue; and
6.1.2 The estimate shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 AM Electrical reserve the right to alter the estimate because of circumstances beyond its control.
6.2 Where Goods and Services are required in addition to the estimate the Customer agrees to pay for the additional cost of such Goods and Services.
6.3 Timelines given by AM Electrical are estimates only, AM Electrical is not liable for and delays.
7. RISK and LIMITATIONS
7.1 Risk in any Goods and Services supplied by AM Electrical shall pass when the Goods and Services are delivered to the Customer and it shall be the Customer’s obligation to insure the Goods and Services from that time.
7.2 work involving Asbestos or other hazardous substances will not be undertaken and will be the responsibility of the customer to cut/drill, or remove said substance.
7.3 There may be voltage fluctuations which could damage sensitive electrical appliances like computer televisions videos cordless phones and computerized appliances. Voltage fluctuations can occur at any time and may be caused by events beyond the control of AM Electrical such supply company problems, circuit breakers tripping during fault finding, isolation of circuits or disconnection of main switch for personal safety when engaged by you for AM Electrical’s services. AM Electrical takes no responsibility for damage caused to equipment or appliances, including loss of data, arising from these kinds of fluctuations.
7.4 Work will often require the de energization of circuits or equipment to complete work safely. Work will not be undertaken on live circuits or equipment regardless of customer request.
8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1 Title in any Goods supplied by AM Electrical passes to the Customer only when the Customer has made payment in full for all Goods provided by AM Electrical and of all other sums due to AM Electrical by the Customer on any account whatsoever. Until all sums due to AM Electrical by the Customer have been paid in full, AM Electrical has a security interest in all Goods.
8.2 If the Goods are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods shall remain with AM Electrical until the Customer has made payment for all Goods, and where those Goods are mixed with other property so as to be part of or a constituent of any new Goods, title to these new Goods shall deemed to be assigned to AM Electrical as security for the full satisfaction by the Customer of the full amount owing between AM Electrical and Customer.
8.3 The Customer gives irrevocable authority to AM Electrical to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after default by the Customer or before default if AM Electrical believes a default is likely and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated. AM Electrical shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. AM Electrical may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoice value thereof less such sum as AM Electrical reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Goods are retained by AM Electrical pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
8.5 The following shall constitute defaults by the Customer:
8.5.1 Non payment of any sum by the due date.