Terms and Conditions

These are the Terms and Conditions of Quotation and Sale (“Terms and Conditions”) of all products and services supplied by Platinum Electricians Pty Ltd (ABN 74 166 363 195), its related entities and its nominated sub-contractor (collectively “Platinum”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of Platinum and the Customer, the following Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any document or agreement between the Customer and Platinum.

Definitions:
Customer means the person/s placing the order for Works and/or products supplied by Platinum to the Customer as specified in any invoice, document or order. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.

PPSA means Personal Property Securities Act 2009 (Cth).

Quote means any document containing a price for Works, including but not limited to tax invoices, quotations generated by computer or tablet devices or handwritten quotations.

Works means any services rendered, products delivered or any future or completed work done by Platinum.

1. Quotation & Acceptance

(a) The quotation (“Quotation”) is based on a physical inspection by Platinum of the site where work is to be carried out, or upon details provided by the Customer.

(b) The Quotation shall be based on Platinum’s assessment of the work to be carried out at the Customer’s request (“Works”). The Quotation calculates the Works being carried out from Monday to Friday from 7:30am to 4:00 pm. Works carried out outside this period will incur additional fees and charges to be paid by the Customer.

(c) The Quotation does not include any charges or fees to supply authorities.

(d) The Customer must accept or reject the Quotation within thirty (30) days of its receipt. If not accepted within the specified time, the Quotation will no longer be valid, or Platinum reserves the right to change the Quotation. Platinum may, at its option, extend this period by request in writing from the Customer.

(e) Platinum reserves the right to amend the Quotation at any time if there has been an error or omission and shall notify the Customer of such an amendment.

(f) Upon acceptance of the Quote by the Customer, Platinum may require a deposit to be paid prior to any Works being commenced by Platinum. This deposit is at the sole discretion of Platinum.

(g) It is the Customer’s responsibility to check the details of the goods and services requested before signing the Quotation. The Customer acknowledges that Platinum shall not be liable for Quotations which are incorrect due to the Customer’s error.

(h) The Customer accepts and is immediately bound by these Terms and Conditions and the Quotation by acknowledging and agreeing to the terms of the Quotation, signing and returning a copy of the Quotation to Platinum, paying a deposit requested by Platinum or accepting the provision of the Works (the “Contract”).

(i) At Platinum’s sole discretion, a portion of or the full amount may be non-refundable, subject to relevant laws.

2. Payment

(a) The customer shall pay Platinum in full as per your account, or as otherwise specified in the Quotation. Default payment terms are COD, unless credit application approved, in which case terms are 30 calendar days from the date of invoice.

(b) Platinum shall issue invoices to the Customer upon completion of each stage of the performed Works. Progress payment regulations will apply according to your relevant state Building and Construction Industry Security of Payment Act 1999 (NSW), 2002 (VIC), 2004 (WA), 2004 (QLD), 2004 (NT), 2009 (SA)).

(c) If the Customer does not pay within the period mentioned in Clause 2(a), Platinum may:

i) require the payment of cash upon delivery and commencement of any further Works;

ii) charge interest on the outstanding amount from the date the payment becomes due until the date the payment is made at a rate equal to 10% per annum, compounded monthly. The parties acknowledge and agree that such default is not a penalty, but rather a true measure of damages incurred by Platinum.

(d)    All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of Platinum, are to be paid by the Customer as a debt due and payable under this Contract.

(e)    All payments received from the Customer must be applied in the following order:

(i) first, to obligations that are no secured, in the order in which those obligations were incurred;

(ii) second, to obligations that are secured, but not by purchase money security interests, in the order in which those obligations were incurred; and

(iii) third, to obligations that are secured by purchase money security interests, in the order in which those obligations were incurred.

3. Guarantee, Indemnity and Charge

(a) In consideration  of Platinum entering into the Contract with  the Customer at the request of the director signing the Quotation on behalf of the Customer (jointly and severally, if there is more than one director) (Guarantor), the Guarantor unconditionally guarantees to Platinum:

(i) the due and punctual payment by the Customer to Platinum of all amounts (including damages) that are payable, owing but not payable, or that otherwise remain unpaid by the Customer to Platinum on account at any time under or in connection with the Contract or any transaction contemplated by the Contract, whether present or future, actual or contingent or incurred alone, jointly, severally or jointly and severally and without regard to the capacity in which the Customer is liable (Guaranteed Money); and

(ii) the performance by the Customer of all obligations of the Customer to pay the Guaranteed Money and all its other obligations to Platinum (monetary or non-monetary, present or future, actual or contingent) arising under or in connection with the Contract (Guaranteed Obligations), (Guarantee).

(b) If the Customer defaults in the due and punctual payment of any Guaranteed Money, the Guarantor must pay that money on demand to, or as directed by, Platinum.

(c) If the Customer defaults in the due and punctual performance of any Guaranteed Obligation, the Guarantor must:

(i) indemnify Platinum against all losses, liabilities and expenses (including legal expenses on a full indemnity basis) that Platinum incurs (directly or indirectly) as a result of that default; and

(ii) pay the amount of those losses, liabilities and expenses on demand to, or as directed by, Platinum.

(d) The Guarantor’s obligations in this document are principal obligations and may be enforced against the Guarantor without Platinum first being required to exhaust any remedy it may have against the Customer or enforce any security it may hold relating to the Guaranteed Obligations.

(e) The Guarantee is a continuing guarantee. The Guarantor’s obligations under the Guarantee are absolute, unconditional and irrevocable. The liability of the Guarantor under the Guarantee extends to and is not affected by any circumstance, act or omission which, but for this clause 3(e), might otherwise affect it at law or in equity.

(f) Until the Guaranteed Obligations have been irrevocably paid and performed in full, the Guarantor may not exercise any right of subrogation to Platinum and may not exercise any rights as surety in competition with Platinum.

(g) The Guarantor hereby charges any and all real property and personal property beneficially owned by the Guarantor to secure payment of the Guaranteed Money to Platinum and performance of the Guaranteed Obligations.

(h) Any condition or agreement under the Guarantee by or in favour of 2 or more persons is deemed to bind them jointly and severally, or be in favour of each of them severally. If the Guarantor comprises more than one person Platinum may at any time, and from time to time, proceed against any or all of them in respect of the Guarantor’s Obligations as Platinum may choose in its absolute discretion, and Platinum is not to be obliged to make any claim against all the persons comprising the Guarantor.

4. Duties, Warranties & Defects

(a) Platinum will carry out Works in a good and workmanlike manner and supply material of the kind described in the Quotation and comply with all relevant Australian standards and requirements of all statutory authorities related to providing services.

(b) The Customer shall examine the products immediately after delivery and Platinum shall not be liable for any misdelivery, shortage, defect or damage unless Platinum receives details in writing from the Customer within 14 days of the date of delivery of the products.
The defect may be eligible for a repair, replacement or refund in accordance with the consumer guarantees which may be available under The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(c) Only to the extent permissible by law and subject to the conditions of the consumer guarantees as may be set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Customer agrees that:

i) Platinum does not warrant to repair defects which are wholly or partly caused by failure of a Customer to properly maintain Works in accordance with instructions provided by Platinum or through a Customer’s negligence;

ii) Platinum shall not be responsible for remedying the Works where the Customer has failed to notify Platinum of the defect in writing within 14 days of noticing the defect and has continued to use or rely on the Works after the defect becomes apparent;

iii) The consumer guarantees shall cease and Platinum shall not be liable under the terms of the consumer guarantees if the Works are repaired, altered or overhauled by the Customer or a third party without Platinum’s express written consent;

iv) Platinum shall not be responsible for remedying the Works where a defect has arisen out of ordinary wear and tear or by an act which may be considered as ‘force majeure’;

v) Platinum shall not be liable for compensating the Customer for any delay in assessing the defect or in replacing or remedying the Works post assessment.

(d) If the Customer is not a consumer within the meaning of the Competition and Consumer Act 2010 (Cth), Platinum’s liability for any defect or damage in the Works carried out is:

(i) limited to any warranty to which Platinum is entitled, if Platinum did not manufacture the goods used in the Works carried out; or

(ii) limited to the value of the Works carried out by Platinum.

(e) Platinum is not liable for any loss or damage to the Customer’s or any other third party’s personal property that remains on the site during the performance of the Works.

5. Variations

(a) Any variation of the Contract shall be made in writing and must be approved in writing by Platinum.

(b) The Customer acknowledges that a variation of the Contract may increase the price mentioned in the Quotation.

(c) The cost of any variations shall be invoiced for the full amount at the time a variation is agreed to and shall be due within 30 days.

6. Risk, Ownership, Lien and General Security Interest

(a) Risk of loss, damage or destruction to the materials, equipment and other goods or any part thereof shall pass to the Customer on installation.

(b) Property and title in goods supplied to the Customer under this Contract do not pass to the Customer until all money (including money owing in respect of other transactions between Platinum and the Customer) due and payable to Platinum by the Customer has been fully paid.

(c) Should the Customer default on making payment, the Customer grants to Platinum a general lien upon any items the Customer left in Platinum’s possession for repair, service or storage and shall be entitled to sell those items to recover the outstanding amount owing. Should the amount received for sold items exceed the debt owed to Platinum, the Customer shall be entitled to recoup the difference from Platinum.

(d) The Customer grants to Platinum a security interest (as defined by the PPSA) in all the Customer’s personal property and a fixed charge over all land beneficially owned by the Customer to secure the payment of all monies owed by the Customer to Platinum and the punctual performance of all of the Customer’s obligations to Platinum under this Contract.

7. PPSA

(a) The Customer acknowledges that the Contract constitutes a security agreement for the purposes of the PPSA and provides various security interests in collateral in which the Customer has rights.

(b) The Customer further acknowledges that the security interest created under clause 6(b) is a purchase money security interest. Under that clause the Customer grants to Platinum a security interest over all goods supplied to the Customer, which secures the Customer’s payment or performance of its obligations to Platinum.

(c) The Customer will execute further documents, including further security agreements, and do such further acts as may be required by Platinum to register the security interest granted to Platinum under the Contract under the PPSA.

(d) Until ownership of the materials, equipment and other goods passes, the Customer must not give to Platinum a written demand or allow any other party to give Platinum a written demand requiring Platinum to register a financing change statement under the PPSA or enter into or allow any other party to enter into the register of personal property securities a financing change statement under the PPSA.

(e) If Platinum registers a security interest under the PPSA, Platinum may exercise any or all remedies as orded to it as a secured party, without prejudice to any other rights or remedies Platinum has against the Customer.

(f) any materials supplied by Platinum to the Customer are collateral for the purposes of the PPSA.

(g) The Customer acknowledges that it has received value as at the date of first delivery of the materials, equipment and other goods and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to Platinum under the Contract.

(h) The Customer irrevocably grants to Platinum the right to enter upon the Customer’s property or premises, without notice, and without being in any way liable to the Customer or to any third party, if Platinum has cause to exercise any of Platinum’s rights under section 123 and/or section 128 of the PPSA, and the Customer shall indemnify Platinum from any claims made by any third party as a result of such exercise.

(i) Platinum may in its absolute discretion elect to remove the application of any section of the PPSA to the extent permitted under section 115 of the PPSA. 

8. Privacy Act 1988

(a) By engaging Platinum, accepting the Quotation or entering into the Contract with Platinum, the Customer acknowledges and agrees that Platinum shall collect the Customer’s personal information in accordance with its Privacy Policy published on www.platinumelectricians.com.au. A copy of this Privacy Policy will be provided upon request.

(b) Platinum is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with the Customer will be appropriately collected, stored, used, disclosed and transferred in accordance with the Australian Privacy Principles. Such information may be accessed by request to Platinum in accordance with the Privacy Act.

(c) Platinum may give information about the Customer to a credit reporting agency, for the following purposes:

(i) To obtain a consumer credit report, and/or,

(ii) To allow the credit reporting agency to maintain a credit information file containing information about the Customer.

(d) The information provided to the credit reporting agency may include:

(i) Identity particulars of the Customer (e.g. name, sex address and the previous two addresses, date of birth, name of employer, and drivers’ license number).

(ii) The terms and conditions and details of the credit provided to the Customer;

(iii) The fact that Platinum is a current credit provider to the Customer.

(iv) Details of any payments which are overdue by more than 30 days, and for which debt collection action has started.

(v) Advice that payments are no longer overdue in respect of any default that has been listed.

(vi) Information that, in the opinion of Platinum the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with its credit obligations).

(vii) Dishonoured cheques.

(viii) That credit provided to the Customer by Platinum has been paid or otherwise discharged.

(e) The Customer hereby acknowledges and agrees that Platinum:

(i) has informed it that it may give certain personal information about it to a credit reporting agency;

(ii) may obtain information about it from a business which provides information about commercial credit worthiness of persons for the purpose of assessing any credit advanced to the Customer under these Terms;

(iii) may obtain a credit report containing information about it from a credit reporting agency;

(iv) may exchange information with any credit reporting agency, or any credit provider named in a credit report relating to the Customer for the purposes of:

(A) assessing whether to extend credit to the Customer under these Terms;

(B) notifying other credit providers of any default by the Customer;

(C) exchanging information as to the status of any credit account; or

(D) to assess general credit worthiness.

9. Cancellation

(a) Should the Customer fail to fulfil its payment or other obligations to Platinum, Platinum may cancel the Contract by giving written notice to the Customer. On giving such notice, Platinum shall not have to repay to the Customer any money paid by the Customer for Works that have not yet been performed. Platinum shall not be liable for any loss or damage whatsoever arising from such cancellation.

(b) In the event that the Customer cancels the Contract, the Customer shall be liable for the balance of the price under the Contract and any other loss incurred (whether direct or indirect) by Platinum as a direct result of the cancellation (including, but not limited to, any loss of profits).

10. Completion

(a) The Customer acknowledges and agrees that any date or time quoted for delivery and completion of the Works is an estimate only and Platinum shall use its best endeavours to complete the Works at a time required by the Customer, however failure to do so shall not confer any right of cancellation, termination or refusal of delivery by the Customer or render Platinum liable for any loss or damages directly or indirectly sustained by the Customer as a result of any delays.

(b) On completion of the Works performed by Platinum, Platinum will remove from the site all goods, plant and equipment, rubbish and surplus material relating to the Works performed. All such goods, plant and equipment, rubbish and material remain property of Platinum unless otherwise agreed.

(c) Platinum’s liability for failing to remove any goods, plant and equipment, rubbish and surplus material upon completion shall be capped at $100.00, subject to relevant laws.

11. Force Majeure

(a) Subject to clause 11(b), if Platinum’s performance of this Contract or any obligation hereunder is prevented, restricted or interfered with by reason of failure of supply, fire, explosion, breakdown, strike, labour dispute, accident, lack of transportation, epidemic, cyclone, flood, earthquake, drought or lack of raw materials, power or supplies, war, revolution, civil commotion, acts of God, blockade or embargo or any law, order, proclamation, decree or requirement of any government or any authority or representative thereof or any other acts whatsoever beyond the reasonable control of the parties hereto (Force Majeure Event), then Platinum shall not be liable for the performance of its obligations or completion of Works until such a time when it is reasonable for Platinum and its contractors to resume the performance of Platinum’s obligations.

(b) Despite clause 11(a), if a Force Majeure Event occurs and:

(i) continues for 3 months or longer; or

(ii) there is no reasonable possibility that the Force Majeure Event will cease within 3 months after it occurs, then Platinum may immediately terminate the Contract by giving at least 14 days’ written notice to the Customer.

12. Miscellaneous

(a) Platinum may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

(b) Should Platinum not be able to acquire a particular product required for the Works that is specified within the Quotation, it shall be entitled to use a substitute product that it considers substantially similar.

(c) The Customer shall be responsible for ensuring that Platinum has free and unfettered access to the premises where the Works shall be carried out and that the Works can be completed without interruption or prevention.

13. Governing Law

These Terms will be governed by the laws of each state, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.

14. Entire Agreement and Severability

(a) These Terms are the entire agreement between the parties and supersedes any prior understanding, arrangement or agreements between the parties as to the subject matter contained in these Terms.

(b) If any clause or provision of these Terms is unenforceable, illegal or void then it is severed and the remainder of these Terms remains in force.

15. No set off

The Customer has no right to set off, deduct or withhold any moneys that it may be or become liable to pay under these Terms, against any moneys that Platinum or any related entity of Platinum may be, or become, liable to pay the Customer or any related entity of the Customer, under these Terms or otherwise.

16. Customer is a trustee

If the Customer enters into these Terms as trustee of any trust:

(a) the Customer will be liable both in its own right and as trustee under these Terms;

(b) the Customer warrants that it has full and valid authority pursuant to the trust deed to enter into these Terms and to grant security over any trust property as contemplated by these Terms;

(c) the Customer will provide the trust deed to Platinum for its review at Platinum’s request;

(d) the Customer:

(i) warrants that such rights of indemnity have not been excluded by the provisions of the trust deed or by any breach of trust or otherwise; and

(ii) warrants that it will not release or otherwise prejudice such rights of indemnity; and

(e) any breach of trust by the Customer as trustee will constitute a breach of these Terms.

17. Insolvency

Platinum may give the Customer seven (7) days’ written notice to terminate these Terms if the Customer becomes a bankrupt, an insolvent under administration or an externally-administered body corporate.

18. Assignment

(a) These Terms may not be assigned, transferred, encumbered or charged by the Customer without the written authority of Platinum. In the event that Platinum consents to the assignment or novation of these Terms, Platinum shall consent to the assignment of these Terms.

(b) Platinum may transfer or assign any part or all of Platinum’s rights and obligations under these Terms without the approval of the Customer and the Customer agrees to cooperate and undertake all actions required of it by Platinum to complete and enable such a transfer or assignment when required by Platinum.

19. GST

In this clause, the expressions Consideration, GST, Input Tax Credit, Recipient, Supply, Tax Invoice and Taxable Supply have the meanings given to those expressions in the GST Act.

(a) Unless otherwise expressly stated, all prices or other sums payable or Consideration to be provided under or in accordance with these Terms are exclusive of GST.

(b) If GST is imposed on any Supply made under or in accordance with this Agreement, the Recipient of the Taxable Supply will pay to the Supplier an additional amount equal to the GST payable on or for the Taxable Supply, subject to the Recipient receiving a valid Tax Invoice in respect of the Supply at or before the time of payment.

(c) Payment of the additional amount will be made at the same time and in the same way as payment for the Taxable Supply is required to be made in accordance with this Agreement.