Terms and Conditions of Trade
Ploutas Trust (Fit & Fix Electrical Services Pty Ltd) trading as Truevolt Electrical
ABN: 45 362 202 964
Version 3
25/08/2023
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Please read the terms of trade listed below. You can accept these terms by clicking on the link in the email that this document was attached to. These terms need to be accepted before we begin work at your property.
1. Definitions: Unless the context requires otherwise, the following definitions shall apply to these terms of trade:
1.1 Truevolt Electrical shall mean the Ploutas Trust (Fit & Fix Electrical Services Pty Ltd) ABN: 45 362 202 964 T/A Truevolt Electrical and any of its successors and assignees acting on behalf of and with the authority of The Trustee for the Ploutas Trust (Fit & Fix Electrical Services Pty Ltd) T/A Truevolt Electrical.
1.2 “Customer” means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer’s trustees, executors [if an individual or successors], permitted assigns, and/or administrators.
1.3 “Goods” means the goods or services supplied to the Customer by Truevolt Electrical which are described by item or indicated on the invoice associated with those goods or services. Where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other.
1.4 “Price” shall mean the price payable (plus any GST where applicable) for the Goods as agreed between Truevolt Electrical and the Customer in accordance with clause 3 of this contract.
1.5 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.
1.6 “Worksite” means the agreed place that Goods and services will be carried out as agreed upon by the Customer and Truevolt Electrical.
2. Acceptance
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer instructs Truevolt Electrical. for the supply of Goods and/or places an order for or accepts delivery of the Goods.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 These terms and conditions are binding and may only be amended with the consent of Truevolt Electrical in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Customer and Truevolt Electrical.
2.4 Any advice, recommendation, information, assistance or service provided by Truevolt Electrical in relation to Goods or Services supplied is given in good faith, is based on Truevolt Electrical’s own knowledge and experience and shall be accepted without liability on the part of Truevolt Electrical and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods or Services.
2.5 All costs involved when a Customer has requested Truevolt Electrical to diagnose a fault that requires disassembly, investigation and/or testing, will be charged to the Customer irrespective of whether or not the repair goes ahead.
2.6 Truevolt Electrical reserves the right to substitute comparable Goods (or components of the Goods) and vary the Price when for any reason, Goods are not or cease to be available, as per clause 2.4, subject to prior confirmation and agreement of both parties. If this occurs, Truevolt Electrical will notify the Customer in advance, and reserves the right to place the Customer’s order on hold until such time that the Customer has agreed to the changes.
2.7 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Price & Payment
3.1 At the sole discretion of Truevolt Electrical the Price shall be either:
(a) as indicated on any invoices provided by Truevolt Electrical to the Customer in respect of Goods supplied; or
(b) Truevolt Electrical’s quoted Price (subject to clauses 2.6 and 3.4) shall be valid for the period stated in the quotation or otherwise for a period of fourteen (14) days.
3.2 At the sole discretion of Truevolt Electrical a deposit may be required.
3.3 At the sole discretion of Truevolt Electrical, interim, or part payments during larger jobs may be required.
3.4 Truevolt Electrical reserves the right to change the Price in the event of any variation from the plan of scheduled works or specifications (including, but not limited to, limitations to site access, poor weather conditions, safety considerations or any variation as a result of works required due to hidden or unidentifiable difficulties beyond the reasonable control of Truevolt Electrical). Any variations and resulting Price changes will be detailed in writing and charged for and will be shown as variations on the invoice. The Customer shall be required to respond to any variation submitted by Truevolt Electrical within ten (10) working days. Failure to do so will entitle Truevolt Electrical to add the cost of the variation to the Price. Payment for all variations must be made in full at their time of completion.
3.5 Time of payment for the Goods being of the essence shall be stated on the invoice and is required to be paid wholly and duly by the stated time. If no time is stated then payment shall be due fourteen (14) days following the date of the invoice.
3.6 Payment shall be made by cash, bank cheque, or by direct debit, or by any other method agreed in writing between the Customer and Truevolt Electrical.
3.7 GST and any other applicable taxes and duties shall be added to the Price except when they are expressly included in the Price.
3.8 If the Customer is in default under any agreement with Truevolt Electrical or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors’ composition, or has its credit standing impaired in any way the Price for the Goods and services supplied by Truevolt Electrical shall become immediately payable, regardless of any other terms of payment, and Truevolt Electrical may take immediate action to recover the price.
4. Withdrawal of Credit
4.1 Truevolt Electrical may at any time, in its sole discretion, withdraw the provision of
credit to the Customer.
5. Delivery and Return of Goods
5.1 Delivery of goods shall be deemed to be made to the Customer when the goods are first dispatched from Truevolt Electrical premises or a nominated agent of Truevolt Electrical.
5.2 At the sole discretion of Truevolt Electrical the costs of delivery are: (a) in addition to the Price; or
(b) for the Customer’s account.
5.3 Truevolt Electrical may stop future deliveries until the Customer has paid for all previous supplies of goods or services supplied by Truevolt Electrical (whether payment is due or not).
5.4 If Truevolt Electrical is unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event) Truevolt Electrical may suspend delivery or cancel the Customer’s order without incurring any liability for loss or damage suffered by the Customer.
5.5 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Truevolt Electrical shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 Goods will only be accepted for return with the prior approval of Truevolt Electrical. Freight and all other costs associated with the return of goods will be at the Customer’s expense unless otherwise agreed in writing by Truevolt Electrical.
6. Risk
6.1 Goods are at the sole risk of the Customer upon delivery in accordance with clause 5.1 whether received by the Customer or not. This also includes a delay in delivery, even if ownership of the goods has not been passed on to the Customer.
6.2 The Customer shall at all times insure the goods and keep them insured for their full value against all causes including loss or damage by fire and theft. If the goods are lost, damaged or destroyed, the Customer must agree to make a claim against the insurance policy with respect to the lost, damaged or destroyed goods, and to immediately pay the proceeds received to Truevolt Electrical The Customer will remain liable to Truevolt Electrical for any shortfall in the insurance proceeds.
6.3 The Customer acknowledges that all descriptive specifications, illustrations, drawings, data, dimensions and weights stated in Truevolt Electrical’s or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only.
6.4 Truevolt Electrical is only responsible for parts that are replaced by Truevolt Electrical, and in the event that other parts/Goods, subsequently fail, the Customer agrees to indemnify Truevolt Electrical against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.
6.5 The Customer acknowledges that the Goods may fade or change colour over time, expand, contract or distort as a result of exposure, heat, and cold temperatures, mark or
stain if exposed to certain substances and be damaged or disfigured by impact or scratching and that Truevolt Electrical is not liable to replace the goods as a result of the afore mentioned normal ware and tear.
6.6 Truevolt Electrical shall not be responsible or liable for any defect in other appliances or power points as a coincidence of Truevolt Electrical installing the Goods.
6.7 Where the Customer has supplied Goods for Truevolt Electrical to complete the Services, the Customer acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in the Goods. Truevolt Electrical shall not be responsible for any defects in the Goods, any loss or damage to the Goods (or any part thereof), howsoever arising from the use of Goods supplied by the Customer.
6.8 The Customer will inform Truevolt Electrical of any asbestos or other toxic substance prior to any work commencing at the Worksite. The Customer acknowledges that in the event asbestos or any other toxic substances including mould are discovered at the Worksite that it is their responsibility to ensure the safe removal of the same. The Customer further agrees to indemnify Truevolt Electrical against any costs incurred by Truevolt Electrical as a consequence of such discovery. Truevolt Electrical will not under any circumstance handle the removal of asbestos product or any other toxic substance.
6.9 If, for any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to roofing), Truevolt Electrical reasonably forms the opinion that the Customer’s premises is not safe for the installation of Goods to proceed then Truevolt Electrical shall be entitled to delay installation of the until Truevolt Electrical is satisfied that it is safe for the installation to proceed.
6.10 Truevolt Electrical is not responsible for the removal of rubbish from or clean-up of the Worksite/s. Truevolt Electrical will do its best to clean any mess made by Truevolt Electrical, but will not be held responsible or liable for any rubbish left by the Customer or other trades.
7. Ownership
7.1 Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. In addition, any proceeds of the sale of goods that has not paid for shall belong to Truevolt Electrical.
7.2 Notwithstanding the provisions of clause 7.1 regarding Truevolt Electrical ownership of any sale proceeds, until the ownership of the goods has passed on to the Customer, the Customer shall not be entitled to sell or deliver possession of the goods to any other person.
8. Access
8.1 In the event that there is any loss or damage caused in accessing the work site beyond reasonable control of Truevolt Electrical (including, ceiling tiles and panels, face brickwork and rendered masonry services) which Truevolt Electrical may have to break into or disturb in performance of the Works), Truevolt Electrical will not be held liable unless due to the negligence of Truevolt Electrical.
9. Defects and Warranties
9.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery and/or installed (time being of the essence) notify Truevolt Electrical of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Truevolt Electrical an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage.
9.2 If subject to Clause 91, any Goods are found to be defective, which Truevolt Electrical has agreed in writing that the Customer is entitled to reject, Truevolt Electrical’s liability is limited to either (at Truevolt Electrical’s discretion) replacing the Goods or repairing the Goods except where the Customer has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
9.3 Goods will not be accepted for return other than in accordance with clauses 9.1 and 9.2 above.
9.4 Except as expressly set out in these terms and conditions or in respect of the Non- Excluded Guarantees, Truevolt Electrical makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Truevolt Electricals’ liability in respect of these warranties is limited to the fullest extent permitted by law.
9.5 Under no circumstances will Truevolt Electrical be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.
10. Privacy
10.1 The Customer agrees that Truevolt Electrical may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of Truevolt Electrical business, including credit assessment and debt collecting. The Customer consents to any person providing Truevolt Electrical with such information.
10.2 The Customer agrees that Truevolt Electrical may use, for lawful purposes, any information it has about the Customer relating to the Customer’s creditworthiness.
10.3 Without limiting the provisions of clauses 9.1 and 9.2, the Customer understands that:
a) Truevolt Electrical is asking the Customer for personal information about the Customer for the purpose of:
i. obtaining a credit report on the Customer to help assess the Customer’s creditworthiness for the purpose of Truevolt Electrical opening or reviewing a trading account for the Customer, and.
ii. registering the security interest created by clause 16.1 under the PPSA; b) Truevolt Electrical will give the Customer’s personal information to:
i. a credit checking bureau of The Company’s choice and that bureau will hold that information on their system and use it to provide their credit reporting service, and
ii. the Registrar of Personal Property Securities and the Registrar will hold that information on the PPSR which will be available for searching by the public in accordance with the PPSA;
c) The credit reporting bureau will provide Truevolt Electrical with information about the Customer for the purposes outlined in clause 10.3(a)(i), and when other customers of the credit checking bureau use the credit reporting service the credit checking bureau may give the information to those customers too.
d) The Company may use the credit checking bureau’s credit reporting services in the future for purposes related to the provision of credit to the Customer (including personal credit checks against the Customer), and this may include the use of monitoring services to receive updates if any of the information held about the Customer changes.
e) If the Customer defaults in the Customer’s payment obligations to Truevolt Electrical, information about that default may be given to the credit reporting bureau and may be provided to other users of that service other than the Customer.
f) The Customer has a right of access to, and may request correction of, personal information held by Truevolt Electrical or a third party about the Customer. For those purposes, the Customer understands that he or she may
contact Truevolt Electrical at the address set out in the application for credit account to which these terms of trade relate, for information.
11 Intellectual Property
11.1 Where Truevolt Electrical has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in Truevolt Electrical, and shall only be used by the Customer at Truevolt Electrical’s discretion.
11.2 The Customer warrants that all designs, specifications or instructions given to Truevolt Electrical will not cause Truevolt Electrical to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Truevolt Electrical against any action taken by a third party against Truevolt Electrical in respect of any such infringement.
11.3 The Customer agrees that Truevolt Electrical may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Truevolt Electrical has created for the Customer.
12 Default and consequences of default
12.1 The customer acknowledges that interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the sole discretion of Truevolt Electrical such interest shall compound monthly at such a rate) after as well as before any judgment.
12.2 If the Customer owes Truevolt Electrical any money the Customer shall indemnify Truevolt Electrical from and against all costs and disbursements incurred by Truevolt Electrical in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Truevolt Electrical’s contract default fee, and bank dishonour fees).
12.3 Further to any other rights or remedies Truevolt Electrical may have under this contract, if a Customer has made payment to Truevolt Electrical, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Truevolt Electrical under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this contract.
12.4 Without prejudice to Truevolt Electrical’s other remedies at law Truevolt Electrical shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Truevolt Electrical shall, whether or not due for payment, become immediately payable if:
• any money payable to Truevolt Electrical becomes overdue, or in Truevolt Electrical’s opinion the Customer will be unable to make a payment when it falls due;
- the Customer has exceeded any applicable credit limit provided by Truevolt Electrical;
- the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 13 Cancellation 13.1 Truevolt Electrical may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Truevolt Electrical shall repay to the Customer any sums paid in respect of the Price. Truevolt Electrical shall not be liable for any loss or damage whatsoever arising from such cancellation. 13.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred (whether direct or indirect) by Truevolt Electrical (including, but not limited to, any loss of profits) up to the time of cancellation. 13.3 Cancellation of orders for Goods made to the Customer’s specifications, or for non- stocklist items, will definitely not be accepted once production has commenced, or an order has been placed. 14 Security and Charge 14.1 In consideration of Truevolt Electrical agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money). 14.2 Should Truevolt Electrical elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Truevolt Electrical from and against all Truevolt Electrical’s costs and disbursements including legal costs on a solicitor and own client basis. 14.3 The Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Truevolt Electrical or Truevolt Electrical’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of clauses 14.1 and 14.2. 15. Compliance with Laws
15.1 The Customer and Truevolt Electrical shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
15.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
15.3 The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
15.4 If during the course of installation when the Services are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Fit & Fix Electrical Service Pty Ltd, then Fit & Fix Electrical Pty Ltd shall notify the Customer immediately. The power, if isolated, will not be re-energised until such time as the existing condition has been rectified and made safe in accordance to the Victorian Electrical Safety Regulations. The Customer accepts and agrees that any costs associated with the rectification Services including any Goods and labour shall be to the Customer’s account.
16. Personal Property Securities Act 2009 (“PPSA”)
16.1 The Customer indemnifies Truevolt Electrical for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes; but is not limited to, the cost of any debt collection procedures for which the customer may be liable for, on top of the outstanding debt.
16.2 The Customer waives its right under the PPSA to receive any verification statement from Truevolt Electrical.
16.3 The Customer shall immediately notify Truevolt Electrical in the event that the Customer changes its name.
17. Amendment
Truevolt Electrical may amend these terms of trade from time to time. The Customer shall in respect of the supply of any particular goods or services by Truevolt Electrical to the Customer be bound by the terms of trade applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request from Truevolt Electrical.
17. General
17.1 Unless expressly provided otherwise in any written agreement between Truevolt Electrical and the Customer, these terms of trade, and the application for credit account to which these terms of trade relate, constitute the entire agreement between Truevolt Electrical and the Customer relating to the supply of goods and services by Truevolt Electrical to the Customer.
17.2 Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect.
17.3 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.4 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
17.5 Truevolt Electrical shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Truevolt Electrical of these terms and conditions.
17.6 In the event of any breach of this contract by Truevolt Electrical the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
17.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
17.8 The failure by Truevolt Electrical to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Truevolt Electrical ‘s right to subsequently enforce that provision.
17.9 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.