Terms of Supply
1.1. These Terms of Supply (Terms) shall apply to all goods, services and quotations provided by Chief Electricians Pty Ltd (Chief) to the Customer.
1.2. If the quotation or tax invoice refer to the Terms on the Chief website, then such
Terms on the website shall apply.
2.1. Quotations provided by Chief will only be valid for 30 days from the date of the quotation.
2.2. All dates and times quoted for the completion of works are an estimate and shall not be binding.
- SET OFF
3.1. The Customer is not entitled to set off against, deduct from or withhold any amounts owing to Chief under these Terms.
- CEASE SUPPLY
4.1. Chief may cease the supply of goods or services, without any notice, if the
Customer is in default of these Terms
5.1. Any variations to the agreed scope of works will give Chief the right to stop
working until Chief and the Customer have agreed to the variations in writing.
- PRODUCTS TO BE INSTALLED
6.1. Any products that are to be installed by Chief must not be opened, dismantled or
otherwise and should only be handled in accordance with Chief’s instructions.
7.1. The Customer must make payment to Chief within seven (7) days from the date
on the invoice.
7.2. Chief may charge default interest at the rate prescribed by the Penalty Interest
Rate Act 1983 (Vic) on any amounts owing that become overdue.
7.3. Chief will be entitled to claim from the Customer any costs reasonably incurred
relating to any action taken to recover moneys or goods due from the Customer.
8.1. The Customer gives Chief a charge over any real, personal and all present and
future property held with respect to any amount owing and unpaid to Chief under these Terms.
8.2. The Customer waives any right the Customer has under the Personal Property
Securities Act 2009 (PPSA) to receive notice in relation to registration events.
- UNFORESEEN EVENT
9.1. Chief shall not be liable for any failure or delay in the supply of goods or services that results from an event that is outside of Chief’s control.
- DEFECTIVE GOODS
10.1. Upon replacing any defective goods provided by Chief to the Customer, Chief will become the owner of the defective good. 28 June 2019
11.1. The Customer shall ensure that Chief has free and clear access at all times to any worksites where works need to be carried.
- AUSTRALIAN CONSUMER LAW
12.1. To the extent permitted by Schedule 2 of the Competition and Consumer Act
2010 (Cth) – The Australian Consumer Law, Chief excludes all warranties arising in connection with the supply of goods or services and limits its liability to remedying or providing the goods or services again.
12.2.To the extent permitted by law, Chief excludes any liability in contract, tort (including negligence) or otherwise, in connection with the supply of goods or services for any indirect damages or losses, or for any special punitive or exemplary damages. Any claim that the goods or services provided were not fit for purpose nor rendered with due care, Chief limits its liability by providing the goods or services again.
13.1. Chief may immediately terminate these Terms by giving written notice of
termination to the Customer on any of the following grounds:
13.1.1. Any step is taken (including and without limitation to an application made,
proceedings commenced, or resolution passed or proposed in a notice of meeting) for:
(i) the winding up, dissolution or administration of the Customer; or
(ii) the Customer entering into any arrangement, compromise or composition with or assignment for the benefit of its creditors or any class of them, except for the purposes of a solvent reconstruction or amalgamation;
13.1.2. a receiver, receiver and manager, or other controller as defined in section 9 of the Corporations Act 2001, administrator or similar officer is appointed with respect to or takes control of the Customer or any of its assets and undertakings;
13.1.3. the Customer, being a corporation incorporated in Australia, becomes insolvent or suffers any event or similar event to that referred to in paragraphs 13.1.1 and 13.1.2;
13.1.4. the Customer ceases, or threatens to cease, to conduct business; or 13.1.5. the Customer breaches a provision of these Terms and has not remedied that breach within fourteen (14) Business Days after service of notice of the breach from Chief giving notice of its intention to terminate these Terms.
- ELECTRONIC COMMUNICATION
14.1. The Customer agrees that:
14.1.1. If a Customer signature is required, the requirement is taken to have been met by an electronic communication; and
14.1.2. If Chief is required to produce a document that is in the form of paper, then the requirement is to have been met by an electronic communication.
- JOINT AND SEVERAL
15.1. If the Customer constitutes of more than one person or entity, these Terms will bind each one of them jointly and severally.
16.1. These Terms are governed by the laws of Victoria.
- All Terms of Supply listed above and on the Chief Electricians website are not applicable to any dealings between Chief Electricians and the client where Chief Electricians serve as the solar retailer. For terms and conditions in regard to solar systems sold to the client by Chief Electricians as an approved CEC retailer, please refer to the Solar PV Sale and Installation Agreement Terms and Conditions included within the proposal provided by Chief Electricians.