Terms and Conditions

LM ELECTRICAL AND MAINTENANCE PTY LTD’s TERMS AND CONDITIONS OF TRADE

1. INTRODUCTION
1.1. Application of these Terms and Conditions
The customer agrees that prior to the Contractor starting the Work, the Customer has read and agreed to the terms and conditions as set out hereunder. For the purposes of this agreement, “Contractor” is LM ELECTRICAL AND MAINTENANCE PTY LTD A.C.N 159 281 437 and the “Customer” is the applicant named on the account with the Contractor or where no account exists then on the confirmed Quote or Work Authorisation/Contract provided by the Contractor to the Customer. In this Agreement “Work” means services and “site” means
the place where the “Work” will be carried out. “Goods” means products supplied by the Contractor to the Customer.

2. QUOTE and/or WORK AUTHORISATION/CONTRACT
The Customer shall receive a Quote and/or Work Authorisation/Contract specifying:
a). the Work required to be done in order to fulfil the Customer’s instructions; and
b). an estimate of the Contractor’s charge for the performance of such Work.

3. VARIATIONS
The Customer shall reimburse the Contractor for any costs, expenses or losses incurred by the Contractor, should the Customer increase the scope of the Work and/or services to be provided by the Contractor.

4. CANCELLATION
The Customer shall reimburse the Contractor for any costs, expenses or losses incurred by the Contractor, should the Customer cancel the contract. The time for payment for such cancellation shall be seven (7) days from receipt of the Contractor’s invoice.

5. COPYRIGHT
The copyright in all plans, sketches, design ideas and custom made solutions which appear in the Contractor’s Contract shall be the property of the Contractor.

6. IDEAS
The Customer must keep confidential and not use any ideas communicated by the
Contractor to the Customer without the Contractor’s prior consent.

7. WORK IN PROGRESS
The Customer shall provide exclusive site access for the Contractor and/or nominated representative to complete any necessary work.

8. PAYMENT
8.1. Time for Payment
On completion of the work and receipt of the Contractor’s invoice, the Customer shall pay the Contractor the total amount set out in the invoice. The Contractor reserves the right to alter the time of payment at their discretion as per the Quote and/or Work Authorisation/Contract.
8.2. Interest
The Contractor may charge interest at 2.5% per calendar month on amounts not paid within the time specified in clause 4,8.1 and 8.4.
8.3. Deposit
The Contractor may require a deposit from the Customer and the Customer acknowledges the Contractor is under no obligation to start the Contract period or undertake any works as requested by the Customer, until the deposit is received by the Contractor in full and when all details pertaining to the Contract are finalised. In the event of default as to payment owing to the Contractor on the part of the Customer, the Contractor shall be entitled to forfeit the deposit and claim for the balance owing on the Contract and for any other loss suffered by the Contractor by way of any remedy available to it as provided in these Terms
and Conditions or at law or in equity generally.
8.4. Progress Payments
When agreed progress payments are not honoured by the Customer, the Contractor reserves the right to halt any further work until such time as the outstanding payment is forthcoming. In addition the interest (as specified in 8.2) may be applied.

9. DAMAGES
The Customer must pay to the Contractor any costs, expenses or losses incurred by the Contractor as a result of the Customer’s failure to pay the Contractor all sums outstanding as owed by the Customer to the Contractor including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a Solicitor and own client basis.

10. RETENTION OR TITLE
10.1. Title
Notwithstanding the delivery of the Goods or their installation, title in any particular Goods shall remain with the Contractor regardless of whether the Goods are on-sold by the Customer until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Contractor for the Goods, including all applicable GST and other taxes, levies and duties. Any payment made by or on behalf of the Customer which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the
Contractor’s title in the Goods nor the Customer’s indebtedness to the Contractor and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.
10.2 Bailment
The customer acknowledges that it is in possession of the Goods solely as Bailee until payment of all invoices for the Goods is made pursuant to clause 8.1 and until that time:
a). The Customer must not encumber or otherwise charge the Goods.
b). The Customer shall be fully responsible for any loss or damage of the Goods whatsoever and however caused following delivery and installation of the Goods to the Customer.
10.3 Repossession
The Customer hereby irrevocably grants to the Contractor the right, at its sole discretion, to remove or repossess any Goods from the Customer and sell or dispose of them, and the Contractor shall not be liable to the Customer or any person claiming through the Customer and the Contractor shall be entitled to retain the proceeds of any Goods sold and apply same towards the Customer’s indebtedness to the Contractor.
If the Customer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Contractor may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Customer on any account which has not been paid in accordance with the terms and conditions herein and commence proceedings to recover the balance of any monies owing
the Contractor by the Customer.

11. WARRANTY
11.1 Any warranty as to the Goods on the part of the Customer shall be limited to the Warranty provided by the Manufacturer to the Customer on or before the installation of the Goods.
11.2 The Contractor warrants that the work will be carried out in accordance with all relevant laws in an appropriate and skilful way, in accordance with plans and specifications (where relevant) using materials that are good and suitable for the purpose for which they are intended to be used.
11.3 The Contractor reserves the right to make null or void the warranty should the goods be modified, altered, damaged or put to any undue stress other than in the way the goods were designed to perform.
11.4 In respect of all claims the Contractor shall not be liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Customer’s claim.

12. LIABILITY
12.1 Non-excludable Rights
The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Work which cannot be excluded, restricted or modified by the Contract (“Non-excludable Rights”).
12.2 Disclaimer of Liability
The Contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Contractor for a breach of a Non-Excludable Right is limited, at the Contractor’s option, to the supplying of the Work again in payment of the cost of having the Work supplied again.
12.3 Indirect Losses
Notwithstanding any other provision of these Terms and Conditions, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for:
a). any increased costs or expenses;
b). any loss of profit, revenue, business, contracts or anticipated savings;
c). any loss or expense resulting from a claim by a third party; or
d). any special, indirect or consequential loss or damage of any nature whatsoever caused by the Contractor’s failure to complete or delay in completing the Work or to deliver the materials or related services.
12.4 Force Majeure
The Contractor will have no liability to the Customer in relation to any loss, damage or expense caused by the Contractor’s failure to complete the Work or to deliver the Work as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Contractor’s normal suppliers to supply necessary material or any other matter beyond the Contractor’s control.

13. PRIVACY
13.1 The Customer hereby authorises the Contractor to collect, retain, record, use and disclose commercial and/or consumer information about the Customer, in accordance with the Privacy Act 1988, to persons and /or legal entities who are a Solicitor or any other professional consultant engaged by the Contractor, a Debt Collector, Credit Reference Organisation and/or any other individual or organisation which maintains credit references and/or default listings.
13.2 The Customer also authorises the Contractor to make enquiries with respect to the Customer’s commercial and/or consumer credit worthiness; to exchange information with other Credit Providers in respect to previous commercial and/or consumer defaults of the Customer and to notify other Credit Providers of a commercial and/or consumer default by the Customer.

14. SECURITY AND CHARGE
The Customer hereby charges all property, both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer to the Contractor under the Terms and Conditions or otherwise and hereby authorises the Contractor or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Customer at any time or to register this charge over assets of the Customer with the Australian Securities and Investments Commission.

15. GENERAL MATTERS
15.1 No Waiver
A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
15.2 Severability
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting remaining provisions of these Terms and Conditions or affecting the validity or enforceability of hat provision in any other jurisdiction.
15.3 Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of New South Wales and all disputes arising between the Customer and the Contractor will be submitted to the Sydney registry of any court as is competent to hear the matter.