Rawsons, Electricians & Electrical Contractors serving AdelaideRawsons Electricians & Electrical Contractors servicing Adelaide

Domestic - Commercial - Industrial - Appliances

CALL 08 8297 0222

Rawsons Electrical | Terms an Conditions

1 Interpretation
In these conditions “REPL” means Rawsons Electrical Pty. Ltd. And “Buyer” means the person, or body, firm or company with whom REPL enters into a contract for the sale of goods and/or supply of services.

2 Incorporation 2.1 These Conditions govern every contract for the sale of goods and/or supply of services by REPL to Buyer and, except as modified in accordance with Clause 2.2 hereof constitute all the terms and conditions agreed between them to the exclusion of all other terms and conditions.

2.2 No modification to these Conditions, whether put forward in Buyer’s Purchase Order, specification or otherwise shall bind REPL unless agreed to in writing by its authorised employee.

2.3 These Conditions supersede any terms and conditions which have previously governed contracts for sale of goods and supply of services by REPL to Buyer.

3 Quotations and Brochures

3.1 All quotations lapse thirty (30) days after issue but REPL may vary or withdraw a quotation at any time.

3.2 Product brochures and catalogues are published as sources of general information only, do not constitute contractual offers, and are not binding on REPL.

4 Orders

4.1 Orders for goods or services shall not be binding upon REPL until accepted in writing by its authorised employee. REPL reserves the right to accept orders in whole or in part. Any part order not accepted in the manner prescribed shall be regarded as having been refused.

4.2 Once REPL has accepted an order Buyer may not alter or modify it unless the written consent of REPL’s authorised employee is first obtained.

5 Price and Payment

5.1 In the absence of contrary express agreement, the price for goods supplied shall be the REPL list prices ruling at the date of shipment and the charge for services supplied shall be at REPL’s prevailing rates at the time of supply. Prices quoted in published price lists or by REPL representatives are subject to change without notice and are not binding on REPL.

5.2 If Buyer has an approved credit account with REPL, the goods and services supplied must be paid for within thirty (30) days of the date of invoice or thirty (30) days of the date of shipment, whichever occurs first. Where Buyer is overdue with any payment or REPL is in receipt of credit references which it regards as unsatisfactory, REPL reserves the right to change Buyer to a COD account. Where Buyer has COD account all goods and services shall be paid for before they are supplied.

5.3 All payments shall be made in the currency specified in the invoice without deduction or set off of any kind.

5.4 Without prejudice to any other remedy, REPL reserves the right to charge a default charge on any overdue payments at an annual rate equal to 2% above the rate notified by Westpac Banking Corporation from time to time as being the Bank’s indicator lending rate.

6 Delivery and Risk

6.1 Risk in the goods will pass to the Buyer ex REPL’s warehouse upon the goods being placed upon the vessel or vehicle which is to deliver the goods to the Buyer. Buyer shall be responsible for arranging delivery and insurance of the goods. REPL shall not be liable to Buyer in the event of any failure to arrange insurance.

6.2 While REPL shall use all reasonable endeavours to meet agreed delivery dates, REPL shall not be liable to Buyer for any loss or damage whatsoever should it be delayed or prevented from delivering goods, supplying services or otherwise performing any of its contractual obligations due to any cause or circumstance of any kind whatsoever. In the event of any delay or supply as aforesaid, the due date shall be deferred for a period equal to the time lost by reason of the intervening cause or circumstance.

6.3 REPL reserves the right to deliver instalments and all such instalments, when separately invoiced shall be paid for without regard to the delivery of subsequent instalments.

6.4 Subject to Clause 6.2, delivery dates shall not be varied once they have been agreed, without REPL’s prior written consent. Should REPL agree to postpone delivery, the goods in question shall be stored at Buyer’s risk and REPL reserves the right to impose a weekly storage charge equal to (%) of the net invoice value. Where delivery is postponed for more than three months, any fixed contract price may be increased by REPL, at REPL’s discretion, to reflect the current REPL list price.

7 Retention of Title

7.1 REPL shall retain title of goods supplied to Buyer until it has received payment in full for them. Goods belonging to REPL shall be stored so that they are identifiable as such. That REPL remains title to goods supplied until they have been paid for shall not affect its right as an unpaid seller. Furthermore, if payment is overdue, or Buyer enters into bankruptcy, liquidation, a composition with its creditors, has a receiver or manager appointed over all or part of its assets or becomes insolvent, REPL shall be entitled without prejudice to any other remedy, to repossess goods belonging to it and to enter any premises, without notice, for this purpose.

7.2 If any goods belonging to REPL are disposed of by Buyer or an insurance claim is made in respect of them, REPL shall be entitled to trace the sale or insurance proceeds, which proceeds shall be held by Buyer in a separate bank account on trust for REPL.

8 Claims

8.1 Buyer shall inspect all goods supplied on delivery. REPL shall not be liable for shortages or other errors in delivery unless Buyer submits a written claim to REPL within seven (7) days of the delivery to which the claim relates.

9 Cancellation and Returns

9.1 Buyer may return goods supplied for a credit against subsequent orders within seven (7) days of delivery provided the following conditions are satisfied: (a) REPL’s written approval has first been obtained and the Invoice Number and date have been quoted for reference. (b) The goods are returned in the original condition; and (c) Buyer agrees to pay to REPL a handling charge equal to (10%) of the price paid for the goods.

9.2 Buyer may cancel, in whole or in part, any contract for the supply of goods or services before supply has been made provided the following conditions are satisfied:

(a) REPL’s written approval has been first obtained; and
(b) Buyer agrees to pay any cancellation charge, being a genuine pre-estimate of

REPL’s loss that REPL shall specify.

9.3 REPL reserves the right immediately to cancel any contract for the supply of goods or services or suspend any such supply without incurring any liability to Buyer in any of the following circumstances:

(a) Buyer is overdue with any payment or otherwise in breach of these Conditions; (b) Buyer enters into bankruptcy, liquidation or a composition with its creditors, has a receiver or manager appointed over all or any part of its assets or becomes insolvent; or (c) Contractual performance is delayed or prevented due to any cause or circumstances.

9.4 Cancellation by REPL under this Clause 9.3 shall be without prejudice to REPL’s right to recover payment from Buyer for goods and services previously supplied.

10 Warranty

10.1 General – All equipment sold is subject to manufacturer’s warranty only. REPL however, shall assign to Buyer, insofar as it is able to do so, the benefit of any condition, warranty or guarantee, express or implied, in REPL’s contract with its own supplier.

10.2 REPL warrants to perform services with reasonable care and skill and shall investigate any bona fide complaint that any services have been performed unsatisfactorily. If satisfied that such a complaint is justified, and as its sole liability to Buyer in respect of that warranty, REPL shall resupply the services to Buyer at no extra charge to Buyer.

10.3 Subject to Clause 10.5 Clauses 10.1 to 10.2 set forth the full extent of REPL’s obligation and liability to Buyer with respect to goods and services supplied and all terms, conditions, warranties and representations that might otherwise be implied, by statute or otherwise are hereby executed.

10.4 Certain legislation, including the Trade Practices Act, 1974 imply warranties or conditions or impose obligations upon REPL which cannot be excluded, restricted or modified except to a limited extent. These conditions must be read, and construed subject to statutory provisions. Where such provisions apply, to the extent to which REPL is entitled to do so, its liability shall be limited as its option to:
(a) in the case of a supply of goods:
(i) the replacement of the goods and supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or acquiring equivalent goods;
(iii) the payment of the cost of having the goods repaired; or
(iv) the repair of the goods; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

11 Limitation of Liability

To the extent permitted by law and subject only to any express exceptions contained in these Conditions, REPL shall under no circumstances be liable in any way whatsoever to Buyer for any form of loss, damage or expense sustained or incurred by Buyer or any other party in consequence of or resulting directly or indirectly out of the supply of goods or services by REPL, the use or performance thereof, any breach by REPL of any contract incorporating these Conditions or the negligence of REPL.

12 Non-Availability and Substitutes

12.1 While every effort shall be made to fulfil Buyer’s orders for goods, REPL shall not be liable for any loss or damage arising through non-availability of stock.

13 Law and Jurisdiction

13.1 The construction, validity and performance of any contract incorporating these Conditions shall be governed by the laws of the State of South Australia and Buyer shall submit to the jurisdiction of the Courts of that State.

14 General

14.1 All clerical errors are subject to correction and shall not bind REPL.

14.2 No employee of REPL is authorised to bind REPL unless REPL has given buyer express written notice to that effect.

14.3 The invalidity or unenforceability of any provision of these Conditions shall not affect the validity of enforceability of the remaining provisions.

14.4 REPL’s failure to enforce at any time, or for any period of time, any term of any contract incorporating these Conditions shall not constitute a waiver of such terms and shall in no way affect its right later to enforce it.

14.5 Headings are included for ease of reference and do not form any part of or affect the interpretation of these Conditions.

14.6 The Conditions bind REPL, Buyer and their respective successors and assigns.