Terms & Conditions

Trade Electrical Terms & Conditions

  1. General These Standard Terms and Conditions of sale (“the Conditions”) apply to any sale of items, equipment or services of Trade Electrical Pty Ltd (“Trade Electrical”) or, where a quotation is made, shall form part of that quotation. Trade Electrical may vary the Conditions from time to time, and the Conditions as varied shall be published on the Trade Electrical website. The purchaser agrees that the ordering of any goods or services after the publication of the variation of the Conditions on the website will be an acceptance by the purchaser of the varied Conditions. No variation or cancellation of any of the Conditions shall be binding on Trade Electrical unless agreed by a responsible officer of Trade Electrical in writing. No agent or representative has the authority to waive or alter the Conditions. The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or services with Trade Electrical by telephone, email, in writing or by facsimile transmission.
  2. Precedence In the event of a conflict between the Conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, order or contract then the Conditions shall prevail unless they are expressly varied by Trade Electrical in writing. If any Condition is contrary to or excluded by law then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so affected.
  3. Acceptance A quotation is not to be construed as an offer or obligation to sell and Trade Electrical reserves the right to decline any order for goods or services (either wholly or partially) at any time prior to the delivery of the goods or services, in which case Trade Electrical shall be under no obligation in respect of such order.
  4. Prices All prices are subject to change without notice and orders are accepted by Trade Electrical on the condition that they will be invoiced at the prices ruling at the date of dispatch, but every endeavor will be made to give 30 days’ notice of any increase. All prices shown in the published catalogs or price lists are recommended selling prices only and there is no obligation on the part of any reseller to maintain such prices. A quotation includes only such goods as are specified therein. Trade Electrical reserves the right to cancel any sale where goods offered ex stock have been previously sold or otherwise committed. A $20 surcharge may apply at the discretion of Trade Electrical if an order value is less than $100.
  5. Terms Of Payment The purchaser agrees to comply with the Conditions and payment for goods and services shall be made by the purchaser to Trade Electrical thirty (30) days from the end of the month of purchase, unless otherwise agreed in writing by Trade Electrical.
  6. Delivery Trade Electrical will endeavor to comply with the time of delivery of goods and services requested by the purchaser but delivery time is not guaranteed nor is time of the essence of the contract of sale of the goods and services. Trade Electrical will not be liable for any loss or damage of whatsoever nature arising out of a delay in delivery of goods or services. The delivery period quoted commences from the date Trade Electrical receives sufficient information to proceed with the supply or from the date Trade Electrical receives the purchaser’s written order, whichever is the later. Quoted delivery dates are subject to confirmation when placing the order.
  7. Goods Returned For Credit Goods will not be accepted for credit without prior approval of personnel at Trade Electrical’s nearest sales office. In the case of the return of buy-ins against the purchaser’s order, credit will only be allowed if the original manufacturer/supplier also accepts the return. All goods returned should be in their original containers and should not be shop soiled, obsolete or shop damaged. All such goods may be rejected or credited at a reduced rate. Cut lengths of cable will not be accepted for return under any circumstances. No claim will be recognized unless such claim is made within seven (7) days of delivery and in every case the original invoice number and date must be quoted. All goods approved for return shall be returned freight prepaid and may be subject to restocking charges.
  8. Cancellation Any order may, at the option of Trade Electrical, be terminated in the event of insolvency of the purchaser or of execution being levied against any of the goods of the purchaser or the purchaser being placed into administration or liquidation, whether voluntary or otherwise, or of a mortgagee entering into possession of any assets of the purchaser or the purchaser’s credit worthiness or credit standing alters, in the opinion of Trade Electrical, from that disclosed in its application for credit.
  9. Variation A variation or cancellation of any order by the purchaser is subject to acceptance by Trade Electrical of such variation or cancellation and in the event of such agreement the purchaser hereby indemnifies Trade Electrical against any loss or damage as a result of such variation or cancellation.
  10. Warranties Limited Trade Electrical warrants that the goods it supplies shall be of good and merchantable quality and its liability shall be limited only to the repair or replacement of any faulty or defective goods in terms of the manufacturer’s warranty and Trade Electrical does not, unless specifically required by law, give any warranty beyond the manufacturer’s warranty, and in no event shall Trade Electrical be liable either under statute, in equity, in contract or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused in any way by such goods.
  11. Inspection The purchaser has seven (7) days from the date of delivery of the goods within which to provide Trade Electrical with written notice of any claim for alleged failure to comply with an order whether due to a shortfall, defect, incorrect delivery or otherwise. Should the purchaser fail to provide such written notice within the stipulated time period then Trade Electrical shall be deemed to have complied with the purchaser’s order in all respects including delivery, quality and quantity.
  12. Packing, Damage or Loss in Transit Trade Electrical uses every care in packing but, unless otherwise agreed, shall not be liable for any loss or damage in transit, and any claim in relation to such loss or damage shall not be accepted by Trade Electrical and shall be a matter between the purchaser and the railway, shipping company or carrier. The purchaser shall inspect and check all goods received as soon as practicable upon unloading. No claim for shortage of goods shall be made to Trade Electrical after forty eight (48) hours of such inspection, and while Trade Electrical shall endeavor to rectify any shortage as soon as practicable after receipt of any claim, it shall not be liable in respect of such rectification.
  13. Purchaser’s Specifications Trade Electrical shall be under no obligation to comply with any specification or drawings referred to in any order unless such specifications or drawings have been produced to Trade Electrical prior to delivery of goods and signed by Trade Electrical. Otherwise Trade Electrical does not warrant or represent that the goods are fit for a particular purpose and the purchaser agrees that it does not rely on the skill and judgment of Trade Electrical in relation to the suitability of the goods for a particular purpose. All such warranties are hereby excluded to the maximum extent permitted by law.
  14. Risk All goods sold shall be at the risk of the purchaser from the time of dispatch of the goods by Trade Electrical for delivery to the purchaser and the purchaser shall be solely responsible for ensuring the goods in transit.
  15. Credit Trade Electrical may at any time suspend or vary any credit extended to the purchaser or withhold the delivery of goods or services already ordered as Trade Electrical in its sole and absolute discretion determines.
  16. Default of Purchaser The purchaser expressly agrees that if the purchaser fails to pay Trade Electrical the invoiced price of any goods and services by the due date for payment, then Trade Electrical: ● Shall have the immediate right to bring an action against the purchaser for payment of the invoice price of the said goods and services, notwithstanding that ownership and property in the said goods and services shall not have passed to the customer; ● May refuse to supply any other goods and services to the purchaser; ● May claim the return of any goods in the possession of the purchaser where title in such goods has not passed to the purchaser; ● May determine the contract and/or suspend manufacture or delivery, installation, commissioning or testing of any goods then outstanding; ● May retain any security given or money paid by the purchaser or available through enforcement of guarantee or security bonds lodged and may apply such security or money against the loss and damages incurred by the failure of the purchaser to pay; ● May withdraw or vary any credit extended to the purchaser without notice to the purchaser; ● May without notice make all moneys owing by the purchaser to Trade Electrical on any account immediately due and payable; ● May take such steps as it deems necessary to mitigate any damage suffered including the putting to use, hiring out, sale or disposal of any goods in its possession supplied or to be supplied to the purchaser; And, may charge interest on overdue accounts at the rate not exceeding the standard overdraft rate offered by the Commonwealth bank of Australia on the day of calculation.
  17. Retention of Title Defined terms used in this clause have the same meaning as given to them in the Personal Property Securities Act 2009 (Cwth,)(“PPSA”). Trade Electrical and purchaser acknowledge that a contract constitutes a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favor of Trade Electrical over the goods supplied to the purchaser, as Grantor, pursuant to a contract, including any Commingled Goods (“Collateral”). The purchaser acknowledges that Trade Electrical, as Secured Party, is entitled to register its interest in the Collateral on the PPSA Register as Collateral. The purchaser waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the purchaser, as Grantor, to Trade Electrical. The purchaser agrees to indemnify Trade Electrical on demand for all costs and expenses, including legal costs and expenses on a solicitor/client basis, associated with the; ● Registration or amendment or discharge of any Financing Statement registered by or on behalf of Trade Electrical; and ● Enforcement or attempted enforcement of any Security Interest granted to Trade Electrical by the purchaser. The purchaser agrees: ● that nothing in sections 130 to 143 of the PPSA will apply to the Conditions or the Security under the Conditions; ● To waive its right to do any of the following under the PPSA: ○ receive notice of removal of an Accession under section 95; ○ receive notice of an intention to seize Collateral under section 123; ○ object to the purchase of the Collateral by the Secured Party under section 129; ○ receive notice of disposal of Collateral under section 130; ○ receive a Statement of Account if there is no disposal under section 132(4); ○ receive notice of retention of Collateral under section 135; ○ redeem the Collateral under section 142; and ○ reinstate the Security Agreement under section 143.
  18. Governing Law All contracts made between Trade Electrical and the purchaser shall be governed by and construed in accordance with the laws of the State of Queensland and the purchaser agrees to submit to the non-exclusive jurisdiction of the Courts of Queensland and the Federal Court of Australia and agrees that any legal proceedings may be heard in these Courts.