Copyright 2012 Davis Electrical Contractors pty ltd As trust for Davis Electrical Contractors Trust
Lic 69825 RHL L070119 ABN 504 713 26 996
TERMS & CONDITIONS
Terms and Conditions
1) Every quotation is prepared as an estimate only and is subject to withdrawal, correction or alteration at any time prior to Davis Electrical Contractors written acceptance of the Purchaserís official order.
2) All Quotes prepared by Davis Electrical Contractors are valid for 30 Days from the date on the quote, unless stated otherwise
3) Except to the extent provided herein, Davis Electrical Contractors shall have no liability (including liability in negligence) to any person or company for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person or company caused by or resulting directly or indirectly from any deficiency in service/product the subject of this agreement.
4) Whilst every endeavour will be made to effect delivery by the date(s) given, Davis Electrical Contractors shall not be liable to penalties or damages (either direct or indirect) for failure to deliver within the time stated.
5) Unless expressly stated to the contrary, the Purchaser assumes all liability that the service/product the subject of this quote/agreement meets their requirements.
6) Payment shall be by progress payment, paid via EFT to BANK within 30 days of the date of the invoice issued by Davis Electrical Contractors. Each invoice shall include the value of service/product carried out by Davis Electrical Contractors in the performance of the agreement, and shall be rendered monthly. Failure by the Purchaser to pay an invoice by the due date shall be sufficient cause for Davis Electrical Contractors not to provide further services/product. Should the Purchaser fail to remedy any default in payment within 7 days of the date by which payment was due, the Purchaser shall be in substantial breach of the agreement where upon the full value of the agreement shall become due and payable. The Purchaser shall pay Davis Electrical Contractors interest on all monies outstanding after the due date until all outstanding monies, including interest, are paid. Interest shall accrue daily, calculated as compound interest at an annual rate of 20% p.a.
7) The Purchaser shall have no claim against Davis Electrical Contractors unless and until established in a court of competent jurisdiction, or unless expressly agreed upon by a Proprietor/Director of Davis Electrical Contractors.
8) The Purchaser may vary the service/product under this quotation/agreement, but no variation shall have effect until the value and terms of the variation are expressly agreed upon, in writing, by Davis Electrical Contractors.
9) The Purchaser shall be solely responsible for the provision, in a timely manner, of all information necessary for the service/product to be prepared and/or delivered.
10) Goods and Services Tax (GST) is not included in prices quoted, unless so stated, but will be charged to buyerís account when applicable.
11) Notwithstanding any other provision of the agreement, Davis Electrical Contractors shall not be liable to the Purchaser for any consequential damages/losses that may be suffered by Purchaser and/or others arising or resulting from any breach by any provision of this agreement.
12) To the full extent permitted by law, but subject always to the terms of this agreement, all conditions, warranties and representations not expressly contained herein are hereby expressly negated and excluded.
13) Except as otherwise may be expressly provided in the agreement, none of the terms and conditions, requirements and obligations of this agreement will be varied, waived, discharged or released at law or in equity except with the prior consent in writing of Davis Electrical Contractors in each instance.
14) These Conditions of Quotation and Sale shall take precedence over all other terms unless expressly agreed upon, in writing, by Davis Electrical Contractors at time of confirmation of acceptance of the Purchaserís Order.
15) This agreement shall be governed by and construed in accordance with the laws in force in the States and Territories of Australia.