Bara Electrical

  1. INTRODUCTION
    1. Application
      These terms are incorporated into the Contract between BEAS and the Customer
    2. Interpretation
      In these terms and conditions:
      “Business Day” means a day which is not a Saturday, Sunday or public holiday in Perth, Western Australia.
      “Cancellation Fee” means a fee of $90.00 plus GST
      “Contract” means the contract between BEAS and the Customer to sell or supply goods or services.
      “Customer” means a person or company who receives goods and/or services from BEAS.
      “Deposit” means a sum payable as part payment for goods and/or services from BEAS
      “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act (Cth) 1999.
      “Interest Rate” means 10% per annum.
      “Minimum Site Fee” means a fee of $100.00 plus GST
      “Order” means the goods and/or services which BEAS has agreed to supply.
      “Quote” means a written statement of BEAS’s estimated price for supplying goods and/or services.
  2. APPOINTMENTS
    1. Attending Premises

      BEAS may attend the Customer’s premises for the purposes of providing a Quote

    2. Minimum Site Fee
      The Customer is liable to pay BEAS the Minimum Site Fee for attending the Customer’s premises
    3. Cancellation Charge

      The Customer is liable to pay BEAS the Cancellation Charge if the Customer cancels or reschedule an appointment within ninety (90) minutes of the scheduled appointment time.

  3. QUOTES
    1. Providing Quote

      BEAS may provide the Customer a Quote

    2. Acceptance of Quote
      The Customer accepts the Quote by instructing BEAS to sell or supply goods and/or services in the Quote.
    3. Effect of Acceptance of Quote

      The Customer’s unconditionally accepts these terms by instructing BEAS.

    4. Time of Acceptance of Quote
      The Customer may accept the Quote within fourteen (14) days. If the Customer does not accept the Quote within fourteen (14) days, the quote is deemed invalid.
    5. Withdrawal or Revision of Quote

      BEAS may revise or withdraw the Quote prior to acceptance.

  4. DEPOSITS
    1. Requesting Deposit

      BEAS may request the Customer to provide a Deposit.

    2. Effect of Requesting Deposit

      BEAS is not obliged to perform any actions or obligations until the Customer has provided a Deposit.

  5. CHARGES
    1. Prices

      All prices charged are based on the prices specified in the Quote.

    2. Additional

      The Customer is liable to pay for any additional goods and/or services not in the Quote.

    3. Variations

      The Customer is liable to pay for any variation to the goods and/or services not in the Quote.

    4. Extras

      The Customer is liable to pay for any extra charges as a result of parking, tolls, or any other charges levied by the Government.

    5. Taxes

      The Customer is liable to pay the amount of any GST payable.

  6. PAYMENT
    1. Request for Payment

      BEAS will issue an invoice to the Customer once the goods and/or services in the Quote has been provided.

    2. Time for Payment

      The Customer must pay BEAS the total amount invoiced within thirty (30) days of receiving the invoice.

    3. Interest on Payment

      The Customer must pay BEAS interest at the Interest Rate on amounts not paid within the time determined under clause 6.2

    4. Late Payment fee

      All amounts not paid within the time determined under clause 6.2 will attract a 10% late payment fee.

    5. Damages

      The Customer must pay BEAS all costs, expenses and losses which it incurs in collecting payment of an invoice after the time for payment determined under clause 6.2.

  7. RIGHT TO HOLD GOODS
    1. Right to Hold Goods

      BEAS has the right to withhold and or dispose of some or all of the goods purchased for the Customer until the Customer has paid for any additional costs incurred.

  8. CLAIMS
    1. Inspection

      The Customer must inspect all goods and/or services provided by BEAS within two (2) Business Days of receiving the goods and/or services.

    2. Making Claim

      The Customer must make any claim to BEAS in relation to goods and/or services provided by BEAS within two (2) Business Days of receiving the goods and/or services.

    3. Effect of Not Making Claim
    4. If the Customer does not make any claims to BEAS in relation to goods and/or services provided by BEAS within two (2) Business Days of receiving the goods and/or services, then the Customer waives its right to do so.
  9. NOTICES
    1. Notices

      All notices in this Contract must be in writing, signed and left, sent by registered post or emailed to the address or email address for the party stated on the Contract or of which the recipient has previously given notice to the sender.

  10. LIABILITY
    1. Limited Liability for Direct Losses

      BEAS’smaximum liability to the Customer arising out of or in relation to the Contract is limited to 50% of the amount under the Contract at the time liability is determined.

    2. No Liability for Indirect Losses
      BEAS is not liable to the Customer for or in relation to any:
      a) increased costs or expenses or consequential, indirect or economic loss;
      b) loss of business, contracts, profit, savings or revenue; or
      c) loss, damage or expenses resulting from a third party claim against the Customer,
      arising out of or in connection with the Contract.

       

    3. No Liability for Delay

      BEAS is not liable to the Customer for any loss or damage whatsoever caused by BEAS’s failure to complete, or delay in completing, an Order.

    4. No Personal Liability
      No director or employee of BEAS is liable to the Customer arising out of or in connection with the Contract. BEAS holds the benefit of this clause as agent for and on trust for each of its directors and employees and may enforce this provision on their behalf.

       

  11. FORCE MAJEURE
    1. Force Majeure
      BEAS is not liable for any damage, loss or expense incurred by the Customer occasioned by a cause beyond BEAS’s control, including because of acts or omissions of BEAS’s contractors, equipment failure, fire, flood, storm, lockout, slowdown, strike, terrorism, war or any form of prohibition from a government authority.

       

  12. TERMINATION
    1. Termination
      If the Customer:
      a) becomes insolvent under administration (within the meaning of the Corporations Act 2001);
      b) makes a voluntary arrangement with any of its creditors; or
      c) ceases trading for whatever reason,
      BEAS may (without prejudice to any other right or remedy available to it) terminate the Contract and retrieve any goods that have been delivered to the Customer.

       

  13. MISCELLANEOUS
    1. Alterations
      These terms and conditions may be altered only in writing signed by BEAS and the Customer.
    2. Assignment

      The Customer may not assign its rights under the Contract. BEAS may novate its rights and obligations under the Contract to any person to whom it assigns its business or the relevant part of its business without the Customer’s consent.

    3. Cause of Action
      Any provision of these terms and conditions which limits or excludes the liability of BEAS or its directors or employees applies regardless of whether the cause of action under which liability is sought to be imposed is breach of contract, tort (including negligence), liability under a provision implied into the Contract by statue, statutory liability, liability under an indemnity, an equitable claim or any other cause of action without limitation.
    4. Confidentiality
      The Customer must keep confidential and not use ideas or processes communicated by BEAS to the Customer (except to the extent that to do so is necessarily inherent in enjoying the goods or services under the Contract) without BEAS’s prior written consent, except where the relevant matter has come into the public domain through no fault of the Customer.
    5. Reliance
      The Customer agrees that by accepting a quote from BEAS that it has not relied on any statement, representation, assurance or warranty other than as expressly set out in the Contract.
    6. Severability
      Any provision of the Contract which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, to be valid and enforceable but if it cannot be read down in that way it is taken to be severed, without affecting the remainder of these terms.
    7. Law and Jurisdiction
      The law governing the Contract is the law that applies in Western Australia, without regard to any choice of law rules which would lead to the application of the law of another place. The courts having jurisdiction over disputes arising in Western Australia have exclusive jurisdiction over disputes arising under the Contract
    8. Interpretation
      In this document: the singular includes the plural and vice versa; a reference to any gender includes all other genders,a reference to a person includes a corporation and anything else with legal personality. “Includes”, “including” and similar words are not words of limitation. Headings are for ease of reference only and do not affect interpretation.