1. Definitions
In these Terms unless the context requires otherwise:
Additional Charges means charges that are separate from the Price, and may include but are not limited to, transport, access, after hours call out fees, increase in cost of Goods, administration fees and equipment hire costs.
Contract means the contract formed as a result of the acceptance of an Order by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group It includes these Terms and the Quote.
Confidential Information is information that:
- by its nature is confidential;
- is designated by the parties as confidential; or
- the parties know or ought to know is confidential;
and includes all information about Gen Z Electrical Pty Ltd T/A Gen Z Trade Group and its related bodies corporate, including but not limited to, all technical, financial, commercial and other information in any form (for example: as a document or in electronic form) of or relating to them or their business affairs, which is made available or which becomes known during the terms of this Contract but does not include information that was in the public domain at the time of its disclosure.
Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence or otherwise).
Consumer Guarantees means the consumer guarantees contained in the Australian Consumer Law, which is contained in Schedule 2 of the Competition and Consumer Act 2010.
Control has the meaning ascribed to it under section 910B of the Corporations Act (Cth) 2001.
Customer means the customer set out in the Quote, offer or other document provided by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group (in the absence of such information, the customer who placed the Order).
Delivery Dates means the dates set out in the Quote or such date as the parties otherwise agree in writing.
Goods means the materials and electrical related products supplied by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to the Customer as described in the Quote.
Invoice means a tax invoice issued by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to the Customer specifying the Price and any ancillary costs payable by the Customer to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group for the Services.
Insolvency Event means any of the following analogous events:
- the Customer, being an individual, commits and act of bankruptcy;
- a party becomes insolvent;
- a party disposes of whole or any part of its assets, operations or business other than in the ordinary course of business;
- the Customer is unable to pay Gen Z Electrical Pty Ltd T/A Gen Z Trade Group’s debts as the debts fall due;
- any step is taken by a mortgagee to take possession of or dispose of the whole or any part of a party’s assets, operations or business; or
- any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or party of any party’s assets, operations or business.
Intellectual Property is all of Gen Z Electrical Pty Ltd T/A Gen Z Trade Group’s and its Related Bodies Corporate’s present and future patent and patent applications; rights to inventions; copyright and related rights; trademarks; service marks; trade names; domain names and URLs; rights in good will or to sue for passing off; rights in designs; registered designs; rights in computer software; database rights; rights in Confidential Information (including know-how and trade secrets); and any other intellectual property rights. These rights may be registered or unregistered.
Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees).
Order means any written or verbal order by the Customer to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group for the Goods and/or Services.
Price means the price payable in respect of the Goods and Services, as specified in the Quote and/or Invoice issued by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group
Quote means the Quote from Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to the Customer for the provision of the Services whether it is pending inspection of the Work Site, or not.
Related Bodies Corporate means related bodies corporate as defined by the Corporations Act 2001 (Cth).
Scope of Works means the scope of the project for which the Customer has engaged Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to perform the Services as set out in the Quote and does not include any items expressly stated to be excluded.
Services means the services to be provided by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to the Customer as described in the Quote.
Terms means these Terms and Conditions of sale.
Gen Z Electrical Pty Ltd T/A Gen Z Trade Group means Gen Z Electrical Pty Ltd T/A Gen Z Trade Group Pty Ltd (ACN 669 280 175).
2. General
2.1. These Terms apply to the sale of Goods and Services from Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to the Customer to the exclusion of all other terms and conditions of Gen Z Electrical Pty Ltd T/A Gen Z Trade Group
2.2. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will not supply Goods and Services on any other terms or conditions other than those set out herein.
3. Acceptance of Terms and placement of order
3.1. The Customer is deemed to have accepted a Quote and agreed to these Terms by:
(a) accepting the Quote verbally or in writing;
(b) signing and returning a copy of these Terms; or
(c) providing instructions to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group in relation to the provision of the Goods and Services.
3.2. If the Customer accepts a Quote as specified in clause 3.1, the parties will have created a binding Contract and Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will supply the Goods and/or Services to the Customer, and the Customer will pay the Price to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group as specified on the Invoice in accordance with the terms of the Contract.
3.3. The Customer must pay to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group any costs associated with the Customer purporting to cancel the Contract, including any costs for the Services not yet delivered, to be calculated on a pro-rata basis, and costs for materials ordered and associated administration and management costs.
3.4. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may cancel any Contract at any time prior to the provision of the Services with no liability other than to repay any amount of the Price paid by the Customer in advance of the cancellation.
4. Services
4.1. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will provide the Services to the Customer.
4.2. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will exercise reasonable care, skill and ability when performing the Services.
4.3. In providing the Services, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will:
(a) not be responsible for any timeline or quality of works by third party trades; and
(b) carry out Services by the Delivery Dates.
4.4. The Delivery Dates are subject to the Customer providing Gen Z Electrical Pty Ltd T/A Gen Z Trade Group with all relevant information, documentation, approvals, permits, licences, material, and access to the Work Site to enable Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to perform the Services.
4.5. If the Work Scope requires the Services to be provided outside, the Delivery Dates will be subject to the weather. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will not be liable for any delays to the Delivery Dates caused by inclement weather.
4.6. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will only issue any requisite compliance certificate for the Services once the works are 100% complete.
5. Customer’s responsibilities and warranties
5.1. The Customer must:
(a) provide Gen Z Electrical Pty Ltd T/A Gen Z Trade Group with all resources, including but not limited to information, documentation, approvals, permits and licences, to the premises and the Work Site to enable Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to perform the Services (unless otherwise stipulated in the Quote);
(b) ensure that Gen Z Electrical Pty Ltd T/A Gen Z Trade Group has clear and free access to the Work Site at all times to enable them to undertake the Services, including ability to have the power turned off for the duration of the Services;
(c) ensure that it has obtained the appropriate authority or consents required for Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to perform the Services at the Work Site, including but not limited to, the Customer ensuring that authorities and/or consents (as appropriate) have been obtained from the nearby workers/tenants/public;
(d) use all reasonable endeavours to ensure that there are no circumstances which may affect or impair Gen Z Electrical Pty Ltd T/A Gen Z Trade Group’s ability to provide the Services;
(e) provide Gen Z Electrical Pty Ltd T/A Gen Z Trade Group with any details of any required specifications or qualities of the Goods or Services at the time the Customer provides an Order to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group; and
(f) ensure that the specifications or qualities of the Goods and Services stated in any Order by the Customer will be fit for the intended purpose of the Services.
5.2. If any permits, permissions, consents and/or authorisations for the Services are required before the Services commence, it is the Customer’s responsibility to apply for, procure and bear the costs of procuring the same unless expressly agreed otherwise and provided for in the Quote.
5.3. The Customer must take out and maintain all necessary insurance for the duration of the Services.
5.4. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will be entitled to rely on the Customers warranties set out in this clause 5.
6. Price and Payment Terms
6.1. Unless otherwise stipulated in the Quote, payment is due upon receipt of the Services (ie immediate payment), unless otherwise agreed between the parties in writing prior to the commencement of the Services.
6.2. For any Order where the total Price is in excess of $1,000.00 excluding GST:
6.2.1. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group requires a deposit of 50% of the Price to be paid prior to commencing the Services (Deposit); and
6.2.2. the balance of 50% of the Price to be paid upon completion of the Services (immediate payment).
6.3. The Deposit is to be paid on acceptance of the Quote. The Services will not commence until Gen Z Electrical Pty Ltd T/A Gen Z Trade Group receives the Deposit.
6.4. In circumstances where the Scope of Works contemplates the Goods and Services to be provided in stages then, unless agreed otherwise in writing or set out in the Quote, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group reserves the right to submit progress claims and invoice monthly or in accordance with any other invoicing schedule that Gen Z Electrical Pty Ltd T/A Gen Z Trade Group determines appropriate.
6.5. Until payment is made in full, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group shall retain title over the Goods at all material times not withstanding that the Goods may have been delivered and installed.
6.6. If the Customer fails to make payment of any amount of the Price on the due date, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may suspend its Services and the Customer must pay to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group interest on the full amount outstanding at the rate equal to 4% higher than the penalty interest rate fixed by the Attorney-General of Victoria pursuant to s2(1) of the Penalty Interest Rate Act 1983 (Vic), calculated monthly for the period from the due date until payment is received.
6.7. The Customer must reimburse Gen Z Electrical Pty Ltd T/A Gen Z Trade Group for the full amount of any bank or other fees associated with any dishonoured payments or cheques and any legal, debt recovery or other expense associated with any action by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group to recover money from the Customer.
6.8. The Customer agrees that it must pay to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group on demand any expenses, fees and disbursements incurred by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group in recovering any amount owing to it by the Customer, including any reasonable debt collection agency fees and legal expenses and any costs incurred by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group in respect of any Order cancelled by the Customer.
6.9. The Customer may not withhold, make deductions from, or set-off payment of any of the Price due to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group for any reason.
6.10. At Gen Z Electrical Pty Ltd T/A Gen Z Trade Group’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 (Vic) or its applicable interstate equivalent legislation may apply.
6.11. Nothing in these Terms is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 (Vic) or its applicable interstate equivalent legislation, except to the extent permitted by that legislation where applicable.
7. Variations to the Goods or Services
7.1. If the Customer causes a delay in the performance of the Services without providing Gen Z Electrical Pty Ltd T/A Gen Z Trade Group with reasonable written notice in advance, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may add to the Price any additional costs or Additional Charges incurred by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group for the provision of the Services.
7.2. If the price of Goods increases between the provision of the Quote and the supply of the Services, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will provide notice to the Customer, and the Customer will be responsible for any Additional Charges required to supply the Goods.
7.3. If the Customer wishes to make changes to the Order for the Services or the Scope of Works, it must notify Gen Z Electrical Pty Ltd T/A Gen Z Trade Group in writing of those changes as soon as possible, and if those changes result in additional work or time required by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may:
7.3.1. vary the Price to include any additional costs incurred by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group as a result of those changes;
7.3.2. apply any Additional Charges incurred as a result of the changes.
8. Force Majeure
8.1. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will not be liable to the Customer for any failure to perform, or delay in performing Gen Z Electrical Pty Ltd T/A Gen Z Trade Group’s obligations under this Contract if the failure or delay is due to an act of war, revolution or terrorism, pandemic, mandatory lockdown, an act of God, or any other event beyond the control of Gen Z Electrical Pty Ltd T/A Gen Z Trade Group If such a failure or delay continues for a period of 30 days, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may terminate this Contract by giving written notice.
8.2. This clause 8 does not apply to any obligation to make payments under the Contract.
9. Liability
9.1. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will not be liable to the Customer or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote abnormal or unforeseeable loss whether or not in the reasonable contemplation of the parties.
9.2. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will not be liable for:
(a) any loss or damage to the Work Site, including, damage to buildings, walls, painted surfaces;
(b) if trenching is required, any damage to underground services and any repair required; and
(c) any damage to (or need for reinstatement of) walls, concrete, paint, NBN cabling, solar panels or any other equipment or installation which is required to be damaged or removed for the performance of the Services. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may, at the Customer’s request, source third party contractors to perform removal and reinstallation for the Customer, however, any resulting contract for such services shall be between the Customer and the third party service provider unless otherwise agreed in writing with Gen Z Electrical Pty Ltd T/A Gen Z Trade Group
10. Defects
10.1. The Customer must promptly notify Gen Z Electrical Pty Ltd T/A Gen Z Trade Group in writing of any defects or faults in the Goods and Services or of defective workmanship in carrying out the Services as soon as it becomes aware of such defect.
10.2. Following the written notification by the Customer, the Customer must allow Gen Z Electrical Pty Ltd T/A Gen Z Trade Group access to inspect the Work Site and to review the Goods and Services.
10.3. Subject to the Consumer Guarantees, Gen Z Electrical Pty Ltd T/A Gen Z Trade Group will not be liable for any defect or damage which may be caused or partly caused by, or arises as a result of:
(a) any underlying structural defects, faults or degradation;
(b) any pre-existing problems with the existing wiring and/or structural integrity of the Work Site;
(c) the Customer failing to properly maintain the Work Site;
(d) the Customer using the Work Site for any purpose other than for which it was designed;
(e) the Customer continuing to use the Work Site after any defects become apparent or should have become apparent;
(f) the Customer failing to appropriately advise Gen Z Electrical Pty Ltd T/A Gen Z Trade Group promptly after any defects become apparent or should have become apparent;
(g) interference with the Services by the Customer or any third party without Gen Z Electrical Pty Ltd T/A Gen Z Trade Group’s written prior approval;
(h) the Customer failing to follow any instructions or guidelines provided by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group; or
(i) fair wear and tear, any accident, or force majeure event as set out in clause 8 of this Contract.
10.4. Nothing in this clause 10 shall absolve the Customer of its payment obligations under clause 6 nor give rise to a right of set off.
11. Indemnity
The Customer agrees to indemnify Gen Z Electrical Pty Ltd T/A Gen Z Trade Group against any Liability arising from the Customer’s breach of the Contract or from its use of the Work Site including, without limitation, any damages resulting from negligence, mistake, omission or failure of performance, whether or not resulting from any act of Gen Z Electrical Pty Ltd T/A Gen Z Trade Group or its agents.
12. Confidential Information and Intellectual Property
12.1. The Customer must not at any time, or for any reason, whether during the term of this Contract or after its termination disclose to any person or use for their own or another person’s benefit any Confidential Information.
The Customer acknowledges and agrees that:
(a) the Intellectual Property remains the property of Gen Z Electrical Pty Ltd T/A Gen Z Trade Group; and
(b) this Contract does not confer on the Customer any proprietary right or title to any of the Intellectual Property.
12.2. The Customer acknowledges that Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may take photos and videos of the Goods, Services and Work Site (including by operation of an aerial drone over the Work Site) for quality assurance and marketing purposes. The Customer hereby consents to any photos and videos taken by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group (or its agents) before, after or in the course of providing the Services being used for promotional purposes, including publication on any social media platform, print material or being furnished to prospective clients of Gen Z Electrical Pty Ltd T/A Gen Z Trade Group for marketing or demonstration purposes.
13. Termination
13.1. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group and the Customer may immediately terminate, or suspend the performance the Contract if:
(a) the other party breaches a term of the Contract (including these Terms) and does not remedy the breach within 14 days of notification;
(b) the other party breaches a term of the Contract (including these Terms) which is not capable of remedy;
(c) there is any direct or indirect change in the Control of either party; and
(d) if an Insolvency Event occurs.
13.2. If the Contract is terminated for any reason:
(a) the Customer must immediately pay to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group a pro-rata payment for the Goods provided and Services performed by Gen Z Electrical Pty Ltd T/A Gen Z Trade Group up to the date of termination, and any other money owed by the Customer to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group under this Contract as at the date of termination; and
(b) termination does not affect any accrued rights or liabilities of the parties.
14. Subcontracting
Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may sub-contract all or any part of its rights and obligations under the Contract without the Customer’s consent.
15. Jurisdiction
The Contract between Gen Z Electrical Pty Ltd T/A Gen Z Trade Group and the Customer is made in the State of Victoria, and the parties agree to submit all disputes arising between them to the courts of such State.
16. Entire Agreement
16.1. Gen Z Electrical Pty Ltd T/A Gen Z Trade Group and the Customer acknowledge that the Contract constitutes the entire agreement between them, and that the only enforceable obligations and liabilities of Gen Z Electrical Pty Ltd T/A Gen Z Trade Group and the Customer in relation to the subject matter of the Contract is contained herein.
16.2. All representations, communications and prior agreements are superseded by the Contract.
17. Variation
Gen Z Electrical Pty Ltd T/A Gen Z Trade Group may change these Terms at any time if it has given to the Customer at least 30 days’ notice in writing of the proposed change.
18. Control
The Customer must immediately provide written notice to Gen Z Electrical Pty Ltd T/A Gen Z Trade Group if there is any direct or indirect change in the Control of the Customer.
19. Waiver
Any failure by a party to insist upon strict performance of any term or condition in these Terms shall not constitute a waiver of any rights of that party under that term or condition or any other provision of the Contract.
20. Severance
If any term of this Contract is found to be invalid or unenforceable, then that term shall be severed and the remaining terms shall continue in full force between the parties