These Terms & Conditions* apply to the sale, supply and installation of goods, information and services (‘Products’) by AVH Consulting & Solutions t/as AVH Electrical Contractors (the ‘Company’) to you (the ‘Customer’) and supersedes all previous Terms and Conditions.
1. Specification Standard
The Products delivered will be in accordance with the specification detailed in the Scope of Works/Specifications supplied.
2. Variations to Scope of Works/Specifications
Changes to the Scope of Works/Specifications at the Customer’s request after signing will only be accepted at the Company’s discretion and will only take effect when agreed in writing and signed by a duly authorised signatory of the Customer.
Any additions to these Terms and Conditions shall be in writing and included as Special Conditions in the Scope of Works/Specifications. In the event of any inconsistency between these Terms & Conditions and any Special Conditions, the latter shall prevail.
4. Validity of Quotations
Quotations issued by the Company remains valid for thirty (30) days from date of issue, after this time the Company reserves the right to revise the quotation.
5. Signing of Scope of Works/Specifications
Any Scope of Works/Specifications document submitted to the Company for signature must be signed by a duly authorised signatory of the Customer.
6. Payment Terms
The Company’s payment terms are:
6.1. Commercial Customers. Thirty (30) days from date of invoice.
6.2. Residential Customers. Full payment due upon completion of work unless prior written consent has been obtained and approved by the Company.
The full purchase price of the Product and any additional charges will become immediately due and payable if the Customer takes or has taken against it any action or proceeding, whether voluntary or compulsory, which could result in the winding up of the Customer.
7. Progress Claims
The Company reserves the right to issue progress claim invoices as materials are supplied and certain services are completed and will issue a final invoice on finalisation of the work which is the subject of the quotation (less progress claims). Such progress claims will clearly define work completed or material made available. Payment is to be made by the Customer in accordance with these Terms and Conditions.
8. Price Variation
In the event of an increase in the cost to the Company of producing and installing the products, the price quoted will be subject to variations following acceptance of the order (unless a fixed price has been agreed between the Company and the Customer). This may arise from, but is not limited to, a variation in the weekly hours of work laid down under a relevant award or an increase in the cost of materials outside of the Company’s control.
9. Force Majeure
The Company shall not be responsible for the non-fulfilment of its obligations as a consequence of Acts of God, wars, whether declared or not, riots, civil unrest, equipment failure, acts, orders or requests of any Government or any other authority, strikes, lock-outs, accidents in manufacture and any other cause beyond the control of the Company.
Cancellation of an order accepted on the basis of these Terms and Conditions can only be made by mutual consent and on terms which indemnify the Company against all losses.
The Customer acknowledges that its agents and employees may place orders for Products with the Company and that it shall be bound by these Terms and Conditions irrespective of whether any such orders are unauthorised or fraudulent.
12. GST and other Taxes
12.1. If the Company makes a taxable supply pursuant to A New Tax System (Goods and Taxation) Act 1999, except where indicated otherwise, the amount payable for the taxable supply will be expressed as a Goods and Services Tax (“GST’) exclusive amount.
12.2. The Customer is liable to pay for the taxable supply and must upon receiving a valid tax invoice, also pay any amount of GST that accrues in respect of the taxable supply at the name time as payment for the taxable supply is due.
12.3. In addition to the price of Goods and any other charges it is entitled to make to the Customer, the Company shall be entitled to charge the Customer the amount of any sales tax, goods and service tax, excise, value added or other tax, impost or duty payable by the Company in respect of the Goods whether or not included in the Company’s invoice.
Interest is payable on any amounts owing by the Customer from the due date of payment until the date that payment is received at a rate of 5% higher then the rate prescribed by the Penalty Interest Rate Act 1983 (Vic) calculated daily and compounded monthly.
14. Recovery Costs
The Customer shall pay all legal and administrative costs and expenses incurred by the Company, its legal advisers, mercantile agents and others in respect of overdue accounts or anything instituted or being considered against the Customer, whether for debt or otherwise.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Victoria and where appropriate the laws of the Commonwealth of Australia and the parties shall submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
If any covenant or obligations of these Terms and Conditions or Scope of Works/Specifications or the application thereof to any person or circumstances shall be or become invalid or unenforceable, the remaining covenants and obligations shall not be affected thereby and each covenant and obligation of these Standard Terms and Conditions shall be valid and enforceable to the fullest extent by law.
Completion Date is an estimate only, and no damages will arise if the Project is not completed by the Completion Date.
*Prepared by Rothwell Lawyers Pty Ltd