Terms and Conditions

Terms and Conditions of Business

These terms and conditions (Terms) apply to the sale, supply and installation of goods, materials and electrical services (Services) by Revive Electrical Industries

  1. Application
    1. These Terms together with any written quote(s) issued by Revive Electrical Industries (Quote) and any agreed variations form the agreement between us (Agreement). By accepting a Quote, instructing us to perform Services or by accepting any Services, you accept the Agreement and agree it applies to the exclusion of any other terms and conditions.
    2. Where there is inconsistency between the terms of a Quote and these Terms, the Quote applies. Where there is inconsistency between the terms of more than one Quote, the latest Quote applies.
  2. Quotes

All Quotes are valid for 30 days from the date of the Quote. After this time Revive Electrical Industries reserves the right to issue a revised Quote.

  1. Services

3.1     All Services will be delivered in accordance with any scope of works contained in a Quote.

3.2     All Services will be provided in a professional manner, using due care and skill and in compliance with the terms of this Agreement.

3.3     Revive Electrical Industries holds all electrical licenses, insurances and permits required in order to allow Revive Electrical Industries to perform the Services. Where there are any applicable industry standards and codes in relation to the Services, they will at all relevant times be complied with by  Revive Electrical Industries.

3.4     You are responsible for:

3.4.1     ensuring Revive Electrical Industries is made aware of any special requirements relating to the Services and Revive Electrical Industries relies on the integrity of the information supplied to it;

3.4.2     ensuring all incoming data signals are left disconnected at the front of the premises, and for management of the connection; and

3.4.3     while we endeavor to leave the premises clean and tidy, you are responsible for cleaning and accept that wear and tear, wall marks, scuffs or similar may arise.

3.5     Unless expressly included in the terms of a Quote, the Services do not include:

3.5.1     any appliances, goods, materials or specialised fixtures (such as specialised lighting fixtures in a new build or renovation). Any such items are to be provided by you or a third party at your expense. Where any such items supplied by you or a third party are faulty or otherwise not fit for purpose, Revive Electrical Industries may on request agree to procure replacement items at your expense;

3.5.2     any further work required or directed by, or any fees or charges charged or passed on from, third party providers such as utilities;

3.5.3     any reparative, remedial, corrective or similar work to any defect or damage discovered or encountered, during the course of or in connection with the Services (for example, underground or as a result of construction);

3.5.4     earthworks, including without limitation any underground electrical work or any communications work (such as telephone and internet lines or cabling), plumbing or roof seals. In the event Revive Electrical Industries performs such work, you are responsible for ensuring that such work is inspected and approved by appropriately qualified persons; and

3.5.5     any adjustment, relocation or variation to the position of items from the position outlined in plans provided.

3.6     You agree that work conducted on single skin walls (where there is no cavity) may where required include surface mounted wiring systems installed in the form of conduit, duct or clipping in multiple visible areas. Any homes without safety switches on all socket outlets or without a required meter isolation link will have them installed at your expense.

 

  1. Variations
    1. Requested changes to a scope of works contained in a Quote will only be accepted at Revive Electrical Industries discretion and will only take effect when agreed to by Revive Electrical Industries in writing, upon which it will form part of this Agreement. Once accepted by you, you cannot cancel a Quote unless agreed to by Revive Electrical Industries in writing.
    2. The price quoted may be subject to variations in certain circumstances, including but not limited to as a result of a change to a scope of works or an increase in the cost to  Revive Electrical Industries of procuring or installing appliances, goods or materials.  Revive Electrical Industries will issue a revised or new Quote in such circumstances.
  2. Invoicing and Payment
    1. Revive Electrical Industries will ordinarily invoice on completion of the Services. However, Revive Electrical Industries reserves the right to issue progress invoices or to require payment up front in respect of the Services, goods and materials procured as part of Services, or as certain Services are completed. For example, progress invoices may include but are not limited to:

5.1.1     at the commencement of Services;

5.1.2     on completion of a key deliverable of the Services (for example, installation of cabling in walls prior to sheeting); and

5.1.3    on completion of the Services.

  1. Invoices must be paid in full and without set-off or deduction within 7 days of the date of invoice.

Revive Electrical Industries reserves the right to charge interest from the date an invoice becomes payable at a rate of 10% per annum on the unpaid amount, accruing daily and compounding monthly until payment is received in full. In addition, you agree to pay or reimburse Revive Electrical Industries debt recovery costs in respect of any overdue amounts.

  1. Passing of Title and Risk
    1. Title of any goods, materials and works undertaken by Revive Electrical Industries  arising out of the provision of the Services shall not pass until full payment has been made by you. Pending such payment, you agree and must ensure that Revive Electrical Industries and its representatives are authorised to enter the premises on which such goods, materials and/or works are located without liability for trespass or any resulting damage in retaking possession until all amounts the accounts owed to Revive Electrical Industries are fully paid.
    2. The risk of loss to any goods and materials passes to you on delivery.

6.3     You are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with any goods or materials supplied arising out of the Services in any way until title has passed to you.

6.4     You acknowledge that Revive Electrical Industries may produce this clause to register its legal and equitable interest of the goods, materials and/or works as secured party in accordance with the provisions of the Personal Property Securities Act 2009 (Cth). You agree to provide all information and documentation to enable us to register and perfect such security, and agree to inform us of any changes which may affect our security.

 

  1. Termination or Suspension of Services

 

7.1     Without prejudice to Revive Electrical Industries other remedies at law, Revive Electrical Industries shall be entitled to suspend all or any part of any Services and/or terminate the Agreement, in the event that:

7.1.1     you breach a material term of this Agreement which is not remedied within 7 days of written notice of such breach; or

7.1.2     any money payable by you under this Agreement becomes overdue; or

7.1.3     you become bankrupt, insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors, or a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets, or anything similar or analogous to the preceding occurs or is threatened.

7.2
On termination of the Agreement in accordance with 7.1:

7.2.1     all amounts owing to Revive Electrical Industries shall become immediately due and payable;

7.2.2     you shall return or at our option destroy any information or documentation provided to you as part of the Services;

7.2.3     you agree to pay the cost of any third party supplier in respect of goods or materials ordered on your behalf; and

7.2.4     any accrued rights or obligations of a party survive, including any provisions of this Agreement which by their nature continue, including payment obligations, indemnities, obligations of confidentiality and obligations pursuant to applicable laws.

  1. Liability and Indemnity

8.1
To the extent permitted by law:

8.1.1     Revive Electrical Industries makes no express or implied warranties, representations or guarantees under in connection with the provision of the Services;

8.1.2     Revive Electrical Industries will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, whether in contract, tort or otherwise and whether foreseeable or not; and

8.1.3     Revive Electrical Industries shall not be liable for and you indemnify and hold Revive Electrical Industries harmless for any loss, damage, cost or expense or injury (including death) to any person or property arising out of your negligence, acts or omissions (including breach of this Agreement), or any goods or materials supplied by you to Revive Electrical Industries, or any directions or specifications given by you, or the acts or omissions of any third party (to the extent caused by or contributed to by you).

8.2
Nothing contained in this Agreement excludes, restricts or modifies the application of any provision under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL). To the extent the ACL does not apply, and subject to this Agreement, Revive Electrical Industries liability to you under this Agreement shall be limited to the re-supply of the relevant goods, materials or services or at Revive Electrical Industries election refund of any amounts paid in respect of the relevant goods, materials or services.

  1. Safety and Access

9.1     You must ensure that, if the Services are to be performed on your premises, that you are the owner of or authorised to occupy those premises and obtain the Services, have all necessary or appropriate licences and permits in respect of the premises and the proposed Services, and that at all times the premises are safe and that all facilities provided by you for the purposes of enabling the Services to be performed are also safe.

9.2     You must, where relevant, ensure that Revive Electrical Industries and its representatives have full and safe access to the premises and within the premises where the Services are to be carried out, and any necessary essential services, resources, equipment, materials and information required for Revive Electrical Industries to provide the Services.

 

  1. Force Majeure

Revive Electrical Industries will not be liable for a failure to comply with this Agreement if the delay, interference or prevention is caused by any reason outside of the reasonable control of Revive Electrical Industries, including but not limited to weather, or arising out of project management by a third party (including scheduling changes or timetabling delays).

  1. Insurance

You must effect and maintain at your own cost, all insurances required by law or reasonably appropriate to cover the scope of your responsibilities and liabilities arising out of the provision of the Services.

  1. Confidentiality

Any information provided by Revive Electrical Industries in connection with the provision of the Services, including without limitation all accompanying designs, drawings, specifications any information is confidential and may not be used otherwise than for the purposes of this agreement or disclosed, except as required by law.

  1. Subcontracting

Revive Electrical Industries may license or sub-contract all or any part of its rights and obligations under this Agreement without your consent, however Revive Electrical Industries acknowledges that it remains responsible for its licensees and sub-contractors subject to this Agreement.

  1. GST

Unless specified to the contrary, all amounts payable under this Agreement are expressed exclusive of GST, where applicable.

  1. General

15.1     This Agreement is governed by the laws of Queensland. The parties irrevocably submit to the exclusive jurisdiction of the courts in Queensland.

15.2     This Agreement and the Quote constitutes the entire agreement between the parties about its subject matter, and supersedes any prior understanding, agreement, condition, warranty, indemnity or representation about its subject matter, whether verbal or written.

15.3     Neither party may assign, transfer and/or novate this Agreement or any right, title or interest under it without the prior written consent of the other party.

15.4     Without limiting either party’s ability to seek urgent injunctive relief, if there is a dispute relating to this Agreement, the parties will attempt to resolve the dispute between senior management for each party before having recourse to any other dispute resolution process or litigation.

15.5     Neither party is in any way an agent, partner, joint venture partner or legal representative of the other party for any purpose whatsoever. Nothing in this Agreement should be read or construed as meaning otherwise.

15.6     If any clause or any part of any clause of this Agreement is held to be unenforceable, invalid or illegal, it will be read down so as to be enforceable, valid and legal.  If this is not possible, the clause (or where possible, the offending part) is to be severed from the Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.1
ensuring Revive Electrical Industries is made aware of any special requirements relating to the Services and Revive Electrical Industries relies on the integrity of the information supplied to it;