Potent Electrical Services Pty Ltd T/A Reliance Heating & Cooling – Terms & Conditions of Trade
1. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
Any instructions received by Reliance heating & cooling from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Reliance heating & cooling shall constitute acceptance of the terms and conditions contained herein.
Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Reliance heating & cooling.
The Client shall give Reliance heating & cooling not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in theClient’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Reliance heating & cooling as a result of the Client’s failure to comply with this clause.
Goods are supplied by Reliance heating & cooling only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
3. Price & Payment
At Reliance heating & cooling’s sole discretion the Price shall be either:
as indicated on invoices provided by Reliance heating & cooling to the Client in respect of Goods supplied; or
Reliance heating & cooling’s quoted Price (subject to clause 4.2) which shall be binding upon Reliance heating & cooling provided that the Client shall accept Reliance heating & cooling’s quotation in writing within sixty (30) days.
Reliance heating & cooling reserves the right to change the Price in the event of a variation to Reliance heating & cooling’s quotation. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation resulting from online purchases requiring additional works that were not known to Reliance heating & cooling at the time of the online transaction) will be charged for on the basis of Reliance heating & cooling’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
Installation prices provided on Reliance heating & cooling’s website are for a “single-storey back-to-back installation”, which includes a covered pipe run of up to three metres (3m) and electric cable of twenty metres (20m). Reliance heating & cooling reserves the right to charge an additional installation fee for any job that does not fit this description.
At Reliance heating & cooling’s sole discretion payment shall be due on delivery of the Goods or completion of the works.
Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
Payment will be made by cheque, or by bank cheque, or by credit card (plus a surcharge of up to two percent (2%) of the Price), or by direct credit, or by any other method as agreed to between the Client and Reliance heating & cooling.
GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
Prices for Goods and Services displayed on Reliance heating & cooling’s website are set by Reliance heating & cooling and do not reflect manufacturer’s prices or those set by retail outlets. Any similarity between prices set by Reliance heating & cooling and other entities is purely coincidental.
All transactions are processed in Australian Dollars (AUD).
4. Delivery Of Goods
At Reliance heating & cooling’s sole discretion delivery of the Goods shall take place when the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by Reliance heating & cooling or Reliance heating & cooling’s nominated carrier).
At Reliance heating & cooling’s sole discretion the costs of delivery are in addition to the Price and for the Client’s account. In the event that the Client purchases the Goods online, Reliance heating & cooling will make contact with the Client after the completion of the online transaction to determine the actual delivery charges.
The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Reliance heating & cooling shall be entitled to charge a reasonable fee for redelivery.
Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
The failure of Reliance heating & cooling to deliver shall not entitle either party to treat this contract as repudiated.
Reliance heating & cooling shall not be liable for any loss or damage whatsoever due to failure by Reliance heating & cooling to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Reliance heating & cooling.
5. Customer Service
Reliance heating & cooling is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
6. Refund & Returns
Please choose carefully. Reliance heating & cooling does not normally give refunds if you simply change your mind or make a wrong decision. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website or don’t perform as advertised. See 10. Defects for more information.
If Reliance heating & cooling retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Reliance heating & cooling is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Reliance heating & cooling is sufficient evidence of Reliance heating & cooling’s rights to receive the insurance proceeds without the need for any person dealing with Reliance heating & cooling to make further enquiries.
Where the Client expressly requests Reliance heating & cooling to leave Goods outside Reliance heating & cooling’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.
The Client acknowledges that in the event asbestos or any other toxic substances are discovered at the Worksite that it is their responsibility to ensure the safe removal of the same. The Client further agrees to indemnify Reliance heating & cooling against any costs incurred by Reliance heating & cooling as a consequence of such discovery. Under no circumstances will Reliance heating & cooling handle removal of asbestos product.
The Customer acknowledges that it is their responsibility to ensure that all Goods, plant or equipment which Reliance heating & cooling is required to install (or to connect any of its Goods to) are of the correct type, size, rating, standard, quality, colour and finish, conform with all relevant Australian standards and local statutory requirements, and are as specified in the specifications, drawings and plans upon which Reliance heating & cooling based their quotation. The Customer agrees to indemnify Reliance heating & cooling against any costs incurred by Reliance heating & cooling in rectifying such errors if required.
Reliance heating & cooling is not responsible for the removal of rubbish from or clean-up of the building/constructions site/s. This is the responsibility of the Client or the Client’s agent.
Whilst Reliance heating & cooling shall make every effort to maintain the accuracy of the information displayed on the website, Reliance heating & cooling cannot be held responsible in the event of any ambiguities or anomalies. The Client must contact Reliance heating & cooling by phone, fax, letter or email before regarding any information displayed on the website as true and correct. Reliance heating & cooling shall not be liable for any loss or damage arising from the failure of Client to contact Reliance heating & cooling to verify such information.
The Client shall not reproduce, publish, broadcast or transmit any content or information contained on Reliance heating & cooling’s website in any way without prior written consent from Reliance heating & cooling.
Where Reliance heating & cooling is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Reliance heating & cooling shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
Reliance heating & cooling and the Client agree that ownership of the Goods shall not pass until:
the Client has paid Reliance heating & cooling all amounts owing for the particular Goods; and
the Client has met all other obligations due by the Client Reliance heating & cooling in respect of all contracts between Reliance heating & cooling and the Client.
Receipt by Reliance heating & cooling of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Reliance heating & cooling’s ownership or rights in respect of the Goods shall continue.
It is further agreed that:
where practicable the Goods shall be kept separate and identifiable until Reliance heating & cooling shall have received payment and all other obligations of the Client are met; and
until such time as ownership of the Goods shall pass from Reliance heating & cooling to the Client Reliance heating & cooling may give notice in writing to the Client to return the Goods or any of them to Reliance heating & cooling. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
Reliance heating & cooling shall have the right of stopping the Goods in transit whether or not delivery has been made; and
if the Client fails to return the Goods to Reliance heating & cooling then Reliance heating & cooling or Reliance heating & cooling’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and
the Client is only a bailee of the Goods and until such time as Reliance heating & cooling has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to Reliance heating & cooling for the Goods, on trust for Reliance heating & cooling; and
the Client shall not deal with the money of Reliance heating & cooling in any way which may be adverse to Reliance heating & cooling and
the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Reliance heating & cooling and
Reliance heating & cooling can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Reliance heating & cooling will be the owner of the end products.
The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Reliance heating & cooling of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Reliance heating & cooling an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Reliance heating & cooling has agreed in writing that the Client is entitled to reject, Reliance heating & cooling’s liability is limited to either (at Reliance heating & cooling’s discretion) replacing the Goods or repairing the Goods except where the Client 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.
Goods will not be accepted for return other than in accordance with 10.1 above.
Subject to the conditions of warranty set out in clause 9.2 Reliance heating & cooling warrants that if any defect in any workmanship of Reliance heating & cooling becomes apparent and is reported to Reliance heating & cooling (time being of the essence) then Reliance heating & cooling will either (at Reliance heating & cooling’s sole discretion) replace or remedy the workmanship.
The conditions applicable to the warranty given by clause 9.1 are:
the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
failure on the part of the Client to properly maintain any Goods; or
failure on the part of the Client to follow any instructions or guidelines provided by Reliance heating & cooling; or
any use of any Goods otherwise than for any application specified on a quote or order form; or
the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
fair wear and tear, any accident or act of God.
the warranty shall cease and Reliance heating & cooling shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Reliance heating & cooling’s consent.
in respect of all claims Reliance heating & cooling shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
For Goods not manufactured by Reliance heating & cooling, the warranty shall be the current warranty provided by the manufacturer of the Goods. Reliance heating & cooling shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11. Intellectual Property
Where Reliance heating & cooling has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in Reliance heating & cooling, and shall only be used by the Client at Reliance heating & cooling’s discretion.
The Client warrants that all designs or instructions to Reliance heating & cooling will not cause Reliance heating & cooling to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Reliance heating & cooling against any action taken by a third party against Reliance heating & cooling in respect of any such infringement.
12. Default & Consequences Of Default
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 one half percent (2.5%) per calendar month (and at Reliance heating & cooling’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Reliance heating & cooling.
If the Client defaults in payment of any invoice when due, the Client shall indemnify Reliance heating & cooling from and against all costs and disbursements incurred by Reliance heating & cooling in pursuing the debt including legal costs on a solicitor and own client basis and Reliance heating & cooling’s collection agency costs.
Without prejudice to any other remedies Reliance heating & cooling may have, if at any time the Client is in breach of any obligation (including those relating to payment), Reliance heating & cooling may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. Reliance heating & cooling will not be liable to the Client for any loss or damage the Client suffers because Reliance heating & cooling has exercised its rights under this clause.
If any account remains overdue after seven (7) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
Without prejudice to Reliance heating & cooling’s other remedies at law Reliance heating & cooling shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Reliance heating & cooling shall, whether or not due for payment, become immediately payable in the event that:
any money payable to Reliance heating & cooling becomes overdue, or in Reliance heating & cooling’s opinion the Client will be unable to meet its payments as they fall due; or
the Client 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 Client or any asset of the Client.
13. Security & Charge
Despite anything to the contrary contained herein or any other rights which Reliance heating & cooling may have howsoever:
where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Reliance heating & cooling or Reliance heating & cooling’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Reliance heating & cooling (or Reliance heating & cooling’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
should Reliance heating & cooling elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Reliance heating & cooling from and against all Reliance heating & cooling’s costs and disbursements including legal costs on a solicitor and own client basis.
the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Reliance heating & cooling or Reliance heating & cooling’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 12.1.
Reliance heating & cooling 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 Client. On giving such notice Reliance heating & cooling shall repay to the Client any sums paid in respect of the Price. Reliance heating & cooling shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by Reliance heating & cooling (including, but not limited to, any loss of profits) up to the time of cancellation.
Cancellation of orders for Goods made to the Client’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.
15. Consumer Data
16. Online Security
When purchasing from Reliance heating & cooling your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre firstname.lastname@example.org
17. Privacy Act 1988
The Client and/or the Guarantor/s agree for Reliance heating & cooling to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by Reliance heating & cooling.
The Client and/or the Guarantor/s agree that Reliance heating & cooling may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
to assess an application by Client; and/or
to notify other credit providers of a default by the Client; and/or
to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
to assess the credit worthiness of Client and/or Guarantor/s.
The Client consents to Reliance heating & cooling being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
The Client agrees that personal credit information provided may be used and retained by Reliance heating & cooling for the following purposes and for other purposes as shall be agreed between the Client and Reliance heating & cooling or required by law from time to time:
provision of Goods; and/or
marketing of Goods by Reliance heating & cooling, its agents or distributors in relation to the Goods; and/or
analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or
processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or
enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
Reliance heating & cooling may give information about the Client to a credit reporting agency for the following purposes:
to obtain a consumer credit report about the Client; and/or
allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
We will not pass any of your contact details on to third parties for marketing purposes. Some of our systems (such as website and email marketing system) are hosted by third party companies. We hold contracts with them which ensure both parties operate in line with GDPR legislation and ensure that data is held securely and will not be transmitted to others.
Reliance Heating & Cooling uses Google Analytics to collect traffic data to help us learn how to improve our website to deliver a better quality service to you. The traffic data from Google Analytics is stored on Google servers and Google is subject to US law.
Reliance Heating & Cooling also uses the Google Analytics UserID feature. If you choose to identify yourself (for example, by registering on our website), it shows us when you visit our website again and which type of device you are using to visit our website. It will also show some internal customer information, but this will not be personally identifiable information, meaning that your private information (such as your name, phone number and email address) are not stored on Google servers. This information is stored on our internal database as an anonymised link to these records. We follow Google’s privacy requirements for UserID, including dissociating your UserID from future browsing, if you choose to log out.
Occasionally, Reliance Heating & Cooling will use Google remarketing and interest-based advertising to deliver advertisements (using Google and third party vendors) based on your demographics and your behaviour on our website. This will not be based on any personally-identifiable information (or any sensitive information) nor will it be used to target any advertisements to a particular person as stated in Google’s policy for advertising based on interests and location. Any advertising or remarketing lists you may belong to are also subject to Google’s privacy thresholds.
If you do not wish Google Analytics to share this information with us:
- Clearing your browser cookies will remove yourself from a remarketing list and will dissociate your UserID from future browsing.
- If you do not want to be part of Google’s remarketing lists and demographic and interest-based classification, visit Google’s Ad Settings
- If you do not want Google Analytics to use your data for this website, you can refuse or clear the relevant first party cookies associated with this website.
- To completely opt out of your usage data being reported in Google Analytics for any website, install Google’s official opt-out browser add-on
18. Building and Construction Industry Security of Payment Act 2002
At Reliance heating & cooling’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 may apply.
Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 of Victoria, except to the extent permitted by the Act where applicable.
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.
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.
Reliance heating & cooling shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Reliance heating & cooling of these terms and conditions.
In the event of any breach of this contract by Reliance heating & cooling the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Reliance heating & cooling nor to withhold payment of any invoice because part of that invoice is in dispute.
Reliance heating & cooling may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
The Client agrees that Reliance heating & cooling may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Reliance heating & cooling notifies the Client of such change.
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.
The failure by Reliance heating & cooling to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Reliance heating & cooling’s right to subsequently enforce that provision.