Terms of Trade

1.  Definitions

1.1  “H.E.” shall mean Hastings Electrical Pty Ltd, ABN: 55 003 363 915 its successors and assigns or any person acting on behalf of and with the authority of Hastings Electrical Pty Ltd.

1.2 “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by H.E. to the Customer.

1.3 “Goods” shall mean Goods supplied by H.E. to the Customer (and where the context sopermits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by H.E. to the Customer.

1.4 “Services” shall mean all Services supplied by H.E. to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.5 “Price” shall mean the Price payable for the Goods as agreed between H.E. and the Customer in accordance with clause 4 of this contract.

2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)

2.1 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.

3. Acceptance

3.1 Any instructions received by H.E. from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by H.E. shall constitute acceptance of the terms and conditions contained herein.

3.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of H.E..

3.4 The Customer shall give H.E. not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by H.E. as a result of the Customer’s failure to comply with this clause.

3.5 Goods are supplied by H.E. only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

4. Price and Payment

4.1 At H.E.’s sole discretion the Price shall be:
(a) the indicated presented price in respect of Goods described;
(b) All prices presented are in AUD.

4.2 Payment will be made by nominated payment describe on the checkout page. If the customer select to pay via credit card no credit card information will be stored by H.E. directly. All relevant security measures have been taken to ensure he safekeeping of the customer card details. 

4.3 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.

5. Delivery Policy and Delivery of Goods

5.1 Delivery Policy 

a) H.E is committed to dispatch ex-stock items within 2 business days of received order. Our delivery standard is 4 business days Sydney, 5 to 7 business days other regional areas. Temporary or unexpected delays may occur as a result of ongoing supply and freight delays experienced globally. 

 5.2 Delivery of Goods

 At H.E.’s sole discretion delivery of the Goods shall take place when:

(a) the Customer takes possession of the Goods at H.E.’s address; or
(b) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by H.E. or H.E.’s nominated carrier); or
(c) the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
5.2 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.
5.3 H.E. may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5.4 The failure of H.E. to deliver shall not entitle either party to treat this contract as repudiated.
5.5 H.E. shall not be liable for any loss or damage whatsoever due to failure by H.E. to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of H.E.

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6. Risk

6.1 If H.E. retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, H.E. is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by H.E. is sufficient evidence of H.E.’s rights to receive the insurance proceeds without the need for any person dealing with H.E. to make further enquiries.

7. Title

7.1 H.E. and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid H.E. all amounts owing for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to H.E. in respect of all contracts between H.E. and the Customer.
7.2 Receipt by H.E. 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 H.E.’s ownership or rights in respect of the Goods shall continue.
7.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until H.E. shall have received payment and all other obligations of the Customer are met; and
(b) until such time as ownership of the Goods shall pass from H.E. to the Customer H.E. may give notice in writing to the Customer to return the Goods or any of them to H.E.. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
(c) H.E. shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Customer fails to return the Goods to H.E. then H.E. or H.E.’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods; and
(e) the Customer is only a bailee of the Goods and until such time as H.E. has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to H.E. for the Goods, on trust for H.E.; and 

(f) the Customer shall not deal with the money of H.E. in any way which may be adverse toH.E.; and

(g) H.E. can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
(h) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that H.E. will be the owner of the end products

8. Defects

8.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify H.E. of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford H.E. 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. For defective Goods, which H.E. has agreed in writing that the Customer is entitled to reject, H.E.’s liability is limited to either (at H.E.’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. Returns
9.1 Returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 8.1; and
(b) H.E. has agreed in writing to accept the return of the Goods; and
(c) H.E. will not be liable for Goods which have not been stored or used in a proper manner; and
(d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
9.2 H.E. may (at their sole discretion) accept the return of Goods for credit but this may incur any restocking fee charged by H.E.’s supplier for the return of such Goods plus freight costs. Any credit will be based on the lower of H.E.’s current Price payable for the Goods or the Price in effect at the date of purchase and will only be for the actual quantity received back in store.
9.3 Items or Goods made to the Customer’s specifications are under no circumstances acceptable for credit or return.
10. Warranty
10.1 For Goods not manufactured by H.E., the warranty shall be the current warranty provided by the manufacturer of the Goods. H.E. 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. Default and Consequences of Default
11.1 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by H.E..
11.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify H.E. from and against all costs and disbursements incurred by H.E. in pursuing the debt including legal costs on a solicitor and own client basis and H.E.’s collection agency costs.
11.3 Without prejudice to any other remedies H.E. may have, if at any time the Customer is in breach of any obligation (including those relating to payment) H.E. may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. H.E. will not be liable to the Customer for any loss or damage the Customer suffers because H.E. has exercised its rights under this clause.
11.4 Without prejudice to H.E.’s other remedies at law H.E. shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to H.E. shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to H.E. becomes overdue, or in H.E.’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) 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
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
12. Privacy Act 1988
12.1 The Customer agrees for H.E. to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by H.E..
12.2 The Customer agrees that H.E. may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the credit worthiness of Customer.
12.3 The Customer consents to H.E. being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
12.4 The Customer agrees that personal credit information provided may be used and retained by H.E. for the following purposes and for other purposes as shall be agreed between the Customer and H.E. or required by law from time to time:
(a) provision of Goods; and/or
(b) marketing of Goods by H.E., its agents or distributors in relation to the Goods; and/or
(c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or
(e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.
12.5 H.E. may give information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
13. Building and Construction Industry Security of Payments Act 1999
13.1 At H.E.’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 Payments Act 1999 may apply.
13.2 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 Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.
14. General
14.1 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.
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
14.3 H.E. 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 H.E. of these terms and conditions.
14.4 In the event of any breach of this contract by H.E. the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
14.5 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to
14.6 The Customer agrees that H.E. 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 H.E. notifies the Customer of such change.
14.7 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.
14.8 The failure by H.E. to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect H.E.’s right to subsequently enforce that provisio