TERMS AND CONDITIONS
Definitions
Agreement: Means the agreement between the Customer and Electrified Industry Services, constituted by these terms and conditions and the Quotation.
Customer: The person or persons named as Customer in the Quotation or Proposal
Equipment: The plant or equipment of the Customer described in the Quotation, including any replacements or components.
Fees: The fees specified in the Quotation and Invoice.
PPSA: Personal Property Securities Act 2009 (Cth).
Premises: Location of the Equipment as described in the Quotation.
Products: Equipment and materials to be supplied by Electrified Industry Services, as specified in the Quotation.
Quotation: The quotation or proposal or invoice for services and/or products which accompanies or is referred to these terms and conditions.
Service Date: The specified date for Services or Products supply, or the actual date of provision if not specified.
Services: Inspection, testing, repairs, installation, advisory, or consultation services, as specified in the Quotation.
Electrified Industry Services: Electrified Industry Services Pty Ltd ACN: 648 264 779
Services
Electrified Industry Services agrees to supply the Products and provide the Services in respect of the Equipment on the Service Date or an agreed alternative date.
Payment
The Customer shall pay Electrified Industry Services the Fees for Products and Services as per the Quotation and Invoice, including taxes, charges, and fees as applicable.
Electrified Industry Services reserves the right to recover goods and services tax on any supplied goods and services.
Customer Obligations
The Customer must;
maintain all other items, which may affect the testing, maintenance or operation of the Equipment, and
provide necessary assistance or permit or access as is reasonably required for the provision of Products and Services, and
comply with operating and maintenance instructions for the Equipment.
Limitation of Liability
Electrified Industry Services excludes all warranties and representations where permitted by law. Liability under consumer guarantees is limited to replacement, repair, or cost compensation at Electrified Industry Services' discretion.
Electrified Industry Services is not liable for indirect losses, including data or profit loss, barring statutory exclusions.
Consultation and Advisory Services:
Electrified Industry Services provides consultation and advisory services based on the best information and practices available at the time of service delivery. However, these services do not constitute an absolute guarantee or warranty of results.
Electrified Industry Services shall not be liable for any loss, damage, or liability resulting from decisions or actions taken by the Customer based on Electrified Industry Services’ advice or recommendations, including any consequential, indirect, or incidental damages.
The Customer acknowledges that reliance on consultation or advisory services is at their own discretion and risk, and Electrified Industry Services advises that independent advice may be sought for critical operational decisions.
Insurance
Electrified Industry Services holds Public Liability insurance and will provide evidence upon request.
Warranties
All conditions, warranties, and representations are excluded to the extent permitted by law.
Assignment and Subcontracting
Electrified Industry Services may assign or subcontract its obligations without Customer consent. Customer needs Electrified Industry Services' consent for assignment.
Special Conditions
Special conditions in the Quotation form part of this Agreement.
Conflicts
These terms take precedence over any conflicting Customer terms. Changes to these terms may be made by Electrified Industry Services with notice to the Customer.
Retention of Title
Risk in any Product or Service will pass to the Customer upon completion of work.
Electrified Industry Services retains ownership of all Equipment until full payment is received.
The Customer must insure the Products until ownership passes. Proceeds from disposal of Equipment before full payment, belong to Electrified Industry Services.
If payment is delayed, Electrified Industry Services may reclaim Products without PPSA notice.
PPSA
This Agreement creates a Security Agreement for PPSA registration.
Customer waives specific PPSA notices and rights under relevant sections.
Miscellaneous
Waivers do not affect continuing rights.
Agreement binds heirs, successors, and assigns.
Invalid provisions do not affect other provisions.
Multiple Customers are jointly liable.
Agreement constitutes the entire understanding and is governed by the laws of the state or territory of the Premises.
Amendments must be in writing and signed by both parties.
