Terms & Conditions

In these terms and conditions “we”, “our” and “us” means JCNC ELECTRICAL (ABN: 83 725 671 654).

 These are the Terms & Conditions of Quotation and Sale (“Terms & Conditions”) of all products and services supplied by JCNC ELECTRICAL, except as expressly agreed upon in writing between a duly authorised representative of JCNC ELECTRICAL and the customer, the following Terms & Conditions shall apply notwithstanding any provisions to the contrary which may appear on any document or agreement between the customer and JCNC ELECTRICAL.

Upon acceptance of a Contract, Agreement or Quote by the Customer, the Customer acknowledges that they are bound by these Terms & Conditions.

  1. Definitions
    1. “Customer” means the Customer (or any person acting on behalf of) as described on any quotation, work authorisation, or other form provided by us to the Customer. The Customer warrants that they have the power to enter into this agreement and has obtained all and/or any necessary authorisations to allow them to do so.
    2. “JCNC ELECTRICAL” means the business that the Customer is contracting with whose business name and ABN appears on the quotation, invoice, receipt or TCA provided to the Customer.
    3. “Quote” and/ or “Quotation” means any document containing a price for Works, including but not limited to Tax Invoices, quotations generated by computer or phone or tablet devices or handwritten quotations.
    4. “Contract” means these Terms & Conditions and the accompanying signed agreement or invoice or Quote.
    5. “Contract Sum” means the amount as appears in the quotation, this agreement or price of the schedule plus any additional costs payable to us.
    6. “Works” means any works described in an invoice or quotation or worth authorisation or tender or other form, services rendered, products delivered or any future of completed work done by JCNC ELECTRICAL.
    7. “Australian Consumer Law” refers to Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth).
    8. “Latent Conditions” refers to any unforeseen or unknown site condition not obvious to JCNC ELECTRICAL upon a reasonable inspection of the site at the time of the quotation, work authorisation, tender form or other form.
    9. “PPSA” refers to the Personal Property Securities Act 2009 (Commonwealth).
    10. “PMSI” means a Purchase Money Securities Interest and has the meaning prescribed in section 14 of the PPSA.
    11. “Travel Time” means the distance from our premises to the Customer and return.
    12. “Goods” means any goods supplied by us to the Customer (or ordered by the Customer but not yet supplied) including, but in no way limited to electrical or communication products.

2. Pricing & Rates

  1. The rates are as per our charges at the time the services are engaged, unless otherwise agreed.
  2. The rates do not include any allowance for Latent Conditions, and we will be entitled to vary our price for the works for any such Latent Conditions.
  3. We are entitled to be reimbursed for any and all costs and charges levied by any statutory or other authority with respect to the Works we perform for the Customer.
    1. Upon acceptance of the Quote by the Customer, JCNC ELECTRICAL may require a deposit to be paid prior to any Works being commenced by JCNC ELECTRICAL. This deposit is at the sole discretion of JCNC ELECTRICAL.
    2. If there is any error or omission in a Quote, JCNC ELECTRICAL reserves the right to change the Contract Sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Prices quoted are subject to final costing assessment by JCNC ELECTRICAL.
    3. Notwithstanding any other clause, the contract sum on the Quote will only be valid for 30 days from the date of the quotation. JCNC ELECTRICAL reserves the right to make any changes to the Quote if the 30 days lapses.
    4. At JCNC ELECTRICAL’s sole discretion a portion of or the full amount of the deposit may be non- refundable. The amount that is non-refundable is a true estimate of costs and expenses spent to date.
    5. JCNC ELECTRICAL’s reserves the right to make any changes to the quotation including but not limited to the contract sum if:
      1. a variation is requested by the Customer; and/or
      2. a Quote has not been fulfilled within 30 days of the date the Quote was produced; and/or
      3. there is an increase in material costs that exceeds the original cost of such materials at the time of the supply of the Quote.

Any variation from the quotation, schedule works or specifications will allow JCNC ELECTRICAL the right to stop the progress of any works until JCNC ELECTRICAL and the Customer agree to changes. Payment for all variations must be made in full at the time which they are raised.

    1. The Customer shall be entitled to direct that we undertake a variation and such direction shall be in writing and if we are delayed, then the Customer will grant us an extension of time and reimburse us our reasonable delay costs and the Contract Price shall be adjusted accordingly.
    2. After JCNC ELECTRICAL accepts your order you may not cancel the order unless JCNC ELECTRICAL agrees in writing. JCNC ELECTRICAL reserve the right to supply an order in full or only in part.
  1. Terms of Payment
    1. The terms of trade are:
      1. 14 days from date of invoice; or
      2. as indicated on any tax invoice; or
      3. otherwise agreed by us in writing.
    2. A surcharge may apply to credit card payments.
    3. The Customer is not entitled to any retention or otherwise retain any amount due to us. All payments are to be made without deduction or equitable or other set off whatsoever.
    4. If the customer fails to make payment JCNC ELECTRICAL shall be entitled to:
      1. Require the payment of cash upon delivery and commencement of any further Works;

ii.Charge default interest at the cash rate of interest last set by the Reserve Bank of Australia from timeto time,plus of9% per annumon alloverdue amounts (includinglate payment chargesand amountsotherthanthecontractsum)calculatedonaday-to-daybasisonanymoniesduebut unpaid, such interest to be computed from the due date for payment AND the parties agree that suchdefaultis notapenalty but isatruemeasureofdamagesincurredby JCNCELECTRICAL. Payments received from the Customer will be credited first against any default interest and all suchchargesshallbepayableupondemand;

  • Claim from the Customer all costs relating to any action taken by JCNC ELECTRICAL to recover moneys or goods due from the Customer including, but not limited to, any legal costs and disbursements on a solicitor-client basis and all collection and enforcement costs;
  • Cease any further Works for the Customer and terminate any agreement in relation to services and/or products that have not been provided or delivered.
    1. The Customer shall not be entitled to set off against, or deduct from the contract sum, any sums owed or claimed to be owed to the Customer by JCNC ELECTRICAL nor to withhold payment of any invoice because part of that invoice is in dispute.
  1. Completion Time
    1. Any date or time quoted for delivery and completion of the Works is an estimate only and JCNC ELECTRICAL shall endeavour to complete the Works at a time or times required by the Customer, but failure to do so shall not confer any right of cancellation, termination or refusal of delivery on the Customer’s part or render JCNC ELECTRICAL liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
    2. The Customer will not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any Laws, regulations, Governments or

agency’s thereof and any other cause beyond the control of JCNC ELECTRICAL or any other cause whatsoever.

    1. JCNC ELECTRICAL shall be entitled to an extension of time and our reasonable cost recovery for delay if we, through no fault of our own, are delayed by others.
  1. Delivery
    1. The Customer assumes the risk for Goods at the time of delivery, whether the Goods are delivered to the Customer’s premises or other site nominated by the Customer and whether the Customer (or the Customer’s representative) is at the delivery site to acknowledge receipt of delivery. The Customer agrees to pay standard delivery charges as invoiced.
  1. Latent Conditions
    1. JCNC ELECTRICAL shall be entitled to an extension of time and our reasonable delay costs, if any, and reimbursed all costs arising out of any Latent Conditions.
    2. JCNC ELECTRICAL shall be entitled to an extension of time and our reasonable delay costs and any other additional costs incurred by us as a consequence of the presence of asbestos or other toxic substances whatsoever.

8. Title & PPSA

  1. Until all monies and obligations owing by the Customer to of JCNC ELECTRICAL have been paid and discharged in full of JCNC ELECTRICAL shall retain all legal and beneficial title in all Goods.
  2. Until ownership of the Goods passes to the Customer in accordance with clause 8(a), it is further agreed that we have:
    1. the right to enter the delivery site and retake possession of the Goods; and
    2. the right to keep or resell any Goods repossessed under sub-clause 8 (b)(i); and
    3. any other rights at law or under the PPSA.
  3. If Goods to which legal title has not passed to the Customer are in the possession of the Customer, the Customer is under an obligation to:
    1. retaintheminagoodandmerchantableconditionuntiltheyareeitherpaidfororcollectedby JCNC ELECTRICAL; and
    2. allow JCNC ELECTRICAL, its servants or agents onto the premises where they are stored for the purpose of retaining and collecting the Goods.
  4. The Customer acknowledges and agrees that:
    1. this agreement constitutes a security agreement for the purposes of the PPSA and creates a registrable security interest under the PPSA in all materials supplied or will be supplied by JCNC ELECTRICAL to the Customer;
    2. JCNC ELECTRICAL has the right to register a financing statement under the PPSA with respect to the security interest created by this agreement;
    3. if JCNC ELECTRICAL registers a security interest under the PPSA, JCNC ELECTRICAL may exercise any or all remedies afforded to it as a secured party, without prejudice to any other rights or remedies arising out of a breach by the Customer of any agreement with JCNC ELECTRICAL; and
    4. the materials supplied or will be supplied by JCNC ELECTRICAL to the Customer are collateral for the purposes of the PPSA.
  5. The Customer undertakes to do anything (such as obtaining consents, producing documents, or getting documents completed or signed) which we consider reasonably necessary for the purposes of ensuring that a PMSI and/or security interest is enforceable, perfected and effective.
  6. To the extent permitted by law, the Customer waives its rights to:
    1. receive notices or statements under sections 95, 118, 121(4), 125,130, 132(3)(d), 132(4) and 135 of the PPSA; and
    2. redeem the Goods under section 142 of the PPSA; and
    3. reinstate the security agreement under section 143 of the PPSA; and
    4. receive a Verification Statement as defined in the PPSA.
  7. JCNC ELECTRICAL may elect, at its absolute discretion and at any time, that any section of the PPSA specified in Section 115 will not apply to the extent permitted by Section 115.
  8. Nothing in this clause prevents us from taking collection or legal action to recover any monies owed to us from time to time.
  9. This clause shall survive any Termination of the Contract.
  1. Customer’s Acknowledgements
    1. It is the sole responsibility of the Customer to check and confirm the order with JCNC ELECTRICAL prior to signing the Quote. JCNC ELECTRICAL will not be held liable for incorrect orders.
    2. It is the responsibility of the Customer to ensure that the Works can be completed without interruption, in a continuous workflow and on the mutually agreed date. JCNC ELECTRICAL reserves the right to charge the Customer any extra costs incurred by JCNC ELECTRICAL by virtue of interruption including

but not limited to additional return to site charges and Travel Time. The customer shall be fully responsible to ensure that plumbing, electrical installations and any other installations not specified within this quotation do not foul the work area and associated areas. The customer shall be fully responsible for any necessary foundations.

    1. The Customer shall ensure that JCNC ELECTRICAL has clear and free access to the work site at all times to enable them carry out the Works. JCNC ELECTRICAL shall take all due and reasonable care when delivering and installing the product/s in accordance the Terms and Conditions. JCNC ELECTRICAL shall not be liable for any loss or damage to the site.
    2. The Customer accepts all liability for, and indemnifies JCNC ELECTRICAL against, any custom orders or additional requests that are outside the usual scope of works, including but not limited to anything that is labelled as a “client/customer requirement”. The usual scope of works, and what is outside same, is determined solely by JCNC ELECTRICAL.
    3. JCNC ELECTRICAL accepts no liability for the visual presentation or noise levels of installed products.
  1. Termination
    1. If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or enters into any composition or arrangement with creditors or if a receiver or manager is appointed for any property or assets of the customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a Liquidator or Provisional Liquidator is appointed JCNC ELECTRICAL may, in addition to exercising all or any of its rights against the customer, suspend any further deliveries and immediately recover possession of any products not paid for in accordance with the Terms and Conditions. JCNC ELECTRICAL will not be liable for any loss or damage the Customer suffers as a result of JCNC ELECTRICAL exercising its rights under this Clause.
    2. If a Customer cancels or alters any order or part order for any product at any time after JCNC ELECTRICAL has received the order then JCNC ELECTRICAL reserves the right to charge to the Customer the cost of any product/s or materials already acquired for the order together with cost of labour and tooling expended to the date of such cancellation or alteration. This is a genuine estimate of costs and expenses incurred by JCNC ELECTRICAL to date.
    3. JCNC ELECTRICAL reserves its rights as Seller under the Sale of Goods Act or similar State or Territory laws.
  1. Site and Safety
    1. The Customer shall be responsible for the site.
    2. The Customer shall ensure that all legislation and standards applicable to workplace safety are adhered to on the site.
    3. We shall comply with all legislation and standards in the maintaining of safe work practices.
  1. General
    1. If any clause or part thereof of these Terms and Conditions is invalid or not enforceable in accordance with its terms, all other terms or parts thereof which are self-sustained and capable of separate enforcement without regard to the invalid or unenforceable clause or part thereof is and will continue to be valid and enforceable in accordance with its term.

b.The Customer agrees that these Terms and Conditions are governed by and construed in accordancewiththelawsoftheStateorTerritoryofAustraliafromwhichthisdocumentisissuedandtheCustomer and JCNC ELECTRICAL submits to the non-exclusive jurisdiction of the Courts of the State or Territory of Australiafromwhichthisdocumentisissued.

  • Subject to other clauses in these Terms and Conditions and implied provisions, JCNC ELECTRICAL shall not be liable whatsoever to the Customer for any indirect, consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by JCNC ELECTRICAL of these Terms and Conditions. In the alternative JCNC ELECTRICAL’s liability shall be limited to damages not exceeding the contract sum of the order.
  • JCNCELECTRICALmayassignalloranypartofitsrights andobligations withouttheCustomer’sconsent.