1.APPLICATION OF THESE TERMS AND CONDITIONS 

This agreement defines the terms and parties involved in a business transaction. The “Contractor” refers to Amps & Volts Electrical ABN 18 670 865 380, including any successors, assigns or authorized representatives of JJ & Co Pty Ltd. The “Customer” is the individual or organization who requests goods and services from the Contractor and is identified as the Customer on documents such as quotes, information forms, and other relevant paperwork. The term “Goods” encompasses all the products sold, leased, rented, or provided by the Contractor to the Customer, including electrical equipment and related components. The “Site” refers to the location where the Contractor’s services will be performed, while the “Services” refer to the Contractor’s electrical work and related services.

2.QUOTES 

2.1 Contractor’s Quote  

The Contractor is required to provide the Customer with a quotation that outlines the specific Goods and Services needed to fulfill the Customer’s instructions, along with an estimated cost for those Goods and Services.

2.2 Acceptance by the Customer  

If the Contractor has provided the Customer with a quote:

a) The Customer must accept the quote by signing and returning a copy of the quote, along with a purchase order number (if applicable).

b) The quotes are valid for 30 days, but an extension can be authorized by the Contractor.

c) The Customer guarantees that they have not depended on any representations made by the Contractor, except for those provided in writing in the quote.3 Contractor May Revise Quote  

If the Customer does not accept the quote within 30 days of the quote’s date, the Contractor may modify the quote to reflect any changes in the cost of the Goods and Services listed in the quote. The Contractor will notify the Customer of any changes made to the quote as soon as possible. The Contractor is not required to begin providing Services until the Customer agrees to the modified quote.

2.4 Pricing

Amps & Volts Electrical has the authority to modify the contract sum listed in the Quote in case of any inaccuracies or exclusions, even if the Quote has already been accepted by the customer. The prices quoted are subject to a final assessment of the costs by Amps & Volts Electrical.

2.5 “Act of God”

Amps & Volts Electrical cannot be held responsible for any failure or delay in the provision or delivery of the products or services if such failure or delay is completely or partially due to any circumstances or causes beyond the control of Amps & Volts Electrical. This includes but is not limited to war, strikes, lockouts, government restrictions or interventions, transportation delays, fires, acts of God, breakdowns of equipment, shortages of supplies or labour, storms, theft, vandalism, riots, civil disturbances, or accidents of any nature.

2.6 Products & Works 

If the products and services listed in this quotation are not available at the time of the work being done, Amps & Volts Electrical may, at its own discretion, replace them with a suitable alternative.

3. CANCELLATION  

In case the Customer cancels an accepted quote, the Contractor will be reimbursed for any expenses, costs or losses incurred by them. The Customer is required to make this payment within seven days of receiving the Contractor’s tax invoice.

4. WORK IN PROGRESS  

The Customer is responsible for providing the Contractor with exclusive access to the Site in order to complete any required work. If there are any interruptions due to a lack of Site access or work by other trades or the Customer causing downtime, the Contractor may charge for this time based on their hourly rate. The Contractor’s office can provide information on these rates during regular business hours, which are from 7:00am to 3:30pm.

5. UNFORSEEN CIRCUMSTANCES/PRIOR WORK 

The Contractor cannot be held responsible for any issues with the Site resulting from the work of a previous contractor or any hidden conditions that are only discovered during the installation of the Goods. However, if the Contractor deems it necessary to ensure the satisfactory installation of the Goods, they will undertake any necessary repair work to address such problems. Any additional work required due to these circumstances will be considered a variation and subject to Clause 9. If a price for the additional work is not agreed upon, the cost will be the actual amount plus an additional twenty percent (20%).

6. SERVICES BELOW THE GROUND 

The Customer is required to clearly indicate and identify all services above and below the ground that they initiated at the Site, including but not limited to pipes, drains, sewers, mains, and telephone and data cables, to help the Contractor avoid damaging any of these services. If the Customer fails to provide this information to the Contractor, they will be responsible for indemnifying the Contractor against any claims for costs, expenses, or losses.

7. ‘DO AND CHARGE’ 

If the Contractor encounters latent conditions or obstacles while performing ‘Do and Charge’ work that require the use of special equipment, the hourly rate may change. If the ‘Do and Charge’ work turns out to be more significant than initially anticipated, the Contractor may provide a quote for the work. The Customer must accept the quote specified in clause 2.2 before the Contractor performs any additional work.

8. CONTRACTOR’S TRADING HOURS 

The Contractor’s normal trading hours are 7am to 3.30pm Monday to Friday. Work performed (at the Customer’s request) outside those hours or on a public holiday will be at the Contractor’s discretion and will be subject to a surcharge. 

9. VARIATIONS 

9.1 Any request for changes from the Customer or their Agent must be made directly to the Contractor’s office during regular business hours (7am to 3.30pm). The Contractor will charge the current office administration fee along with $150 ex GST, regardless of whether the modification is approved or not.
9.2 The Contractor will be reimbursed for any extra expenses resulting from an expansion in the scope of the Works or Goods, and the Customer will indemnify the Contractor from any such expenses. The Contractor may ask for evidence that the Customer can afford the change.
9.3 If the Customer doesn’t respond to a variation requested by the Contractor within two business days, the Contractor will proceed with the original Scope of Works. Any additional work or changes requested by the Customer after this point may result in extra charges beyond the original Quote/Contract.
9.4 The Contractor will be protected from any delay or loss in building time, as well as any expenses resulting from changes or additional work requested by the Customer, through the Customer’s agreement to indemnify.
9.5 The Customer has agreed not to seek any compensation from the Contractor for liquidated damages that may arise due to delays resulting from changes made by the Customer.
9.6 Invoices for variations must be paid within seven (7) days from the date of issuance. If the variation occurs during a progress payment period, it must be paid at that time and not after.

10. PAYMENT AND DEFAULT 

10.1 Time for Payment  

Unless otherwise agreed in writing the Contractor’s payment terms are strictly seven (7) days from the date of the Contractor’s tax invoice. 

10.2 Deposit  

The Contractor can request a deposit from the Customer, and the Customer recognizes that the Contractor is not obligated to start any work until the deposit is received in full and all contract details are finalized. If the Customer fails to pay the Contractor, the Contractor can keep the deposit and also claim any profit or margin specified in the contract, along with any legal or equitable remedies available.

10.3 Payment Claims 

The Contractor shall make any payment claims in accordance with The Building and Construction Industry Payments Act 2004. The Customer must respond appropriately and within the time specified in the Act. 


10.4 Payment Plan 

Occasionally, the Contractor may propose a payment plan to Customers, which would involve spreading the payment over a certain period with regular payments. To do so, a formal Payment Plan Agreement must be signed, and the Contractor’s Terms and Conditions of Trade would be included in the agreement.

10.5 Progress Payments  

If the Customer fails to pay the agreed progress payments, the Contractor can stop providing the Services until the payment is made. Furthermore, clauses 10.6, 10.7, and 10.8 may be applicable.

10.6 Administration Fee 

The Contractor has the right to impose a monthly fee of fifty dollars ($50) for any unpaid accounts that exceed the Contractor’s agreed payment terms.

10.7 Interest  

If the Customer fails to pay within the Contractor’s payment terms, the Contractor can charge interest at a rate of fifteen percent (15%) per annum, calculated daily, on the outstanding amount.

10.8 Damages 

If the Customer fails to pay the Contractor the full amount owed, including any outstanding sums, the Customer must compensate the Contractor for any resulting costs, expenses, or losses. This includes, but is not limited to, any legal fees incurred by the Contractor in recovering the debt from the Customer on a solicitor and own client basis.

11. RETENTION OF TITLE  

11.1 Title  

Despite the delivery or installation of the Goods, the Contractor will retain ownership of a specific item until the Customer has paid all the money owed to the Contractor, which includes GST, taxes, levies, and duties. Even if the Customer resells the Goods, they will hold the sale proceeds in trust for the Contractor and must account for them. If any payment made by or on behalf of the Customer is later nullified due to any legal provisions, it will not release the Contractor’s ownership of the Goods or the Customer’s obligation to the Contractor. In that situation, both parties will be returned to their original rights as if the payment had not been made.

11.2 Bailment 

The Customer recognizes that they only have temporary possession of the Goods as a Bailee until all invoices for the Goods have been paid according to clause 11.1. Until then, the Customer cannot use the Goods as collateral or burden them in any way. The Customer is entirely accountable for any loss or harm to the Goods, no matter how it occurred, after the Goods have been delivered.

11.3 Repossession  

The Customer agrees to give the Contractor an irrevocable right to remove or take back any Goods from the Customer and sell or dispose of them at the Contractor’s discretion. The Contractor will not be responsible to the Customer or anyone else associated with the Customer, and the Contractor can keep the profits from any sold Goods to use towards the Customer’s debt. If the Customer goes bankrupt, enters administration or liquidation, reaches an agreement with creditors, stops running the business, or violates any significant part of this agreement, the Contractor has the right, without affecting any other remedies it may have, to take back any Goods delivered to the Customer for which payment hasn’t been made according to the Terms and Conditions stated here and initiate legal action to collect the remaining debt owed to the Contractor by the Customer.

12. PERSONAL PROPERTY SECURITIES ACT (PPSA) 

12.1 This clause defines certain terms according to the PPSA, including Financing Statement, Financing Change Statement, Proceeds, Register, Security Agreement, Security Interest, and Verification Statement. The Customer is referred to as the grantor, and the Contractor is considered the secured party, as defined by the PPSA.
12.2 The Customer accepts and acknowledges that: a) These Terms and Conditions establish a Security Agreement that generates a Security Interest in all Goods (and any money earned from them) that have been previously provided by the Contractor to the Customer, as well as any future Goods that will be supplied by the Contractor to the Customer. b) The Security Interest created by these Terms and Conditions is a persistent Security Interest in all Goods (supplied now or in the future by the Contractor to the Customer) and any earnings. This Security Interest will remain until the Contractor provides a release, even if any payment or account settlement occurs in the meantime. c) The Customer agrees to waive its rights under section 157 of the PPSA and the following subsections of section 115 of the PPSA, which do not apply to the Security Agreement established by these Terms and Conditions: 95, 118, 121(4), 130, 132(4), 135, 143.
12.3 The Customer agrees to the following obligations: a) The Goods shall not be subject to any charge, lien, or Security Interest other than that created under these Terms and Conditions. The Customer shall not deal with the Goods in a way that may harm the Contractor’s rights under these Terms and Conditions or the PPSA. b) The Customer shall sign any necessary documents and provide complete, accurate, and up-to-date information as required by the Contractor to register a Financing Statement or Financing Change Statement on the Register, register any other document required by the PPSA, or correct any defects in the documents. c) The Customer shall indemnify and reimburse the Contractor for all fees, costs, disbursements, and expenses (including actual legal fees on a solicitor/own Customer basis) related to registering and maintaining a Financing Statement or Financing Change Statement on the Register, releasing any Goods charged, and enforcing the Security Interest created under these Terms and Conditions. d) The Customer shall not register or permit the registration of a Financing Statement or a Financing Change Statement in favour of a third party without the prior written consent of the Contractor. e) The Customer shall promptly inform the Contractor of any significant changes in its business details or practices, including but not limited to its trading name, address, and fax number.

13. SCHEDULE OF WARRANTIES 

13.1 The Contractor guarantees that the Works will be performed with due care and skill, complying with all relevant legal requirements and laws, and in accordance with the plans and specifications (if applicable) using appropriate and suitable Goods for their intended purpose. Unless otherwise specified in the Contract, the Goods will be new. Additionally, if the Contractor calculates any provisional sum item allowance, they do so with reasonable skill and care, taking into account all information available at the time of entering into the Contract, including details about the Site’s location and nature. These guarantees are in line with the requirements of the Australian Consumer Law (ACL).
13.2 The Contractor guarantees that the Works and Goods provided are without any faults or flaws at the time of installation and/or completion.
13.3 If the Contractor is asked to use any materials or components from the Site or any other location, the Contractor will not be held responsible for any warranties, aesthetic finishes, or structural integrity of those materials or components. The Customer will be responsible for any costs, losses, or expenses related to the replacement or repair of such materials or components and will indemnify the contractor.
13.4 The Contractor is not obligated to repair any issues resulting from misuse, abuse, normal wear and tear, damage caused by pests or natural shrinkage, minor colour discrepancies in natural products, work done by others, or any defects in goods provided by the Customer, except as required by the ACL.

14. LIABILITY 

14.1 Non-excludable Rights  

The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods and Services which cannot be excluded, restricted or modified by the contract (“Non-excludable Rights”). 

14.2 Disclaimer of Liability  

The Contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Contractor for a breach of a Non-Excludable Right is limited, at the Contractor’s option, to the supplying of the Goods and Services again or payment of the cost of having the Goods and Services supplied again.

 
14.3 Indirect Losses  

Notwithstanding any other provision of these Terms and Conditions, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence, or breach of statutory duty or otherwise to compensate the Customer for: 

a) any increased costs or expenses. 

b) any loss of profit, revenue, business, contracts, or anticipated savings. 

c) loss or expense resulting from a claim by a third party; or d) any special, indirect, or consequential loss or damage of any nature whatsoever caused by the Contractor’s failure to complete or delay in completing the Services within a reasonable time.

14.4 “Act of God” 

The Contractor will have no liability to the Customer in relation to any loss, damage or expense caused by the Contractor’s failure to complete the Services or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Contractor’s normal suppliers to supply products or any other matter beyond the Contractor’s control. 

15. PRIVACY 

15.1 The Customer gives permission to the Contractor to gather, keep, register, utilize, and reveal commercial and/or consumer details related to the Customer as per the Privacy Act 1988 and the Privacy Principles mentioned in the Privacy Amendment Act 2012. The Contractor may share this information with professionals like solicitors or consultants, debt collectors, credit reporting agencies, and other entities that preserve credit references and/or default listings. This sharing of information may occur before, during, or after the Contractor provides credit to the Customer.
15.2 Subject to the Privacy Principles outlined in the Privacy Amendment Act 2012, the Customer further authorises the Contractor to collect, retain, record, use and disclose personal information for the marketing of Goods and Services provided by the Contractor. 

16. RBITRATION AND MEDIATION 

Any dispute or difference between the Customer and the Contractor may be  notified by a party to the other party and the parties shall firstly meet to  negotiate, in good faith, resolution of the dispute and secondly, if  negotiation fails to achieve a resolution of the dispute within five (5)  working days of the notification of the dispute, attend mediation,  administered in accordance with procedures as set out by the Institute of  Arbitrators and Mediators Australia, provided that this provision shall not  prevent the Contractor from instituting legal action at any time to recover  monies owing by the Customer to the Contractor. 

17. SECURITY AND CHARGE 

The Customer hereby charges all property, both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer under these Terms and Conditions or otherwise and hereby authorises the Contractor or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Customer at any time. 

18. GENERAL MATTERS 

18.1 Non-Waiver 

The Contractor’s failure or delay to enforce any right or provision of these Terms and Conditions does not mean they are giving up that right or provision unless they acknowledge it in writing.

18.2 Amendments to these Terms and Conditions 

The Contractor can modify these Terms and Conditions at any time by giving written notice to the Customer. If the Customer signs a quote or work order after such modifications, it will be considered as their acceptance of the amended Terms and Conditions.

18.3 Severability 

In case any provision in these Terms and Conditions is considered invalid or unenforceable in a particular jurisdiction, the provision must be interpreted or modified to the extent required to make it valid and enforceable. If it is not possible to modify the provision, it may be removed to the extent of the invalidity or unenforceability in that jurisdiction, without affecting the rest of these Terms and Conditions or the validity and enforceability of the provision in other jurisdictions.

18.4 Governing Law and Jurisdiction 

These Terms and Conditions are governed by the laws of the State of Victoria and the laws of the Commonwealth of Australia which are in force in Victoria. All disputes arising between the Customer and the Contractor will be submitted to a court of competent authority in Victoria selected by the Contractor and such court shall possess territorial authority to hear and determine such proceedings.