STANDARD TERMS 

FOR THE SUPPLY OF GOODS AND SERVICES

 SUMMARY

A.     These are the standard terms that form part of the Quote for MVX Electrical and may be altered by the special conditions (if any), which are set out in schedule 1 of the Quote.

B.     The parties have agreed that the Supplier will provide to the customer those goods and services set out in the Quote or Do and Charge Work Agreement in accordance with the provisions of this agreement.

C.     A copy of this document can be found at https://www.mvxelectrical.com.au/standard-terms-for-the-supply-of-goods-and-services. Click here to view pdf.

D.    By engaging MVX Electrical to undertake any services, the customer agrees with the provisions of this agreement.

OPERATIVE PART

1.          Interpretation

This agreement is governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.

In the interpretation of this agreement:

(a)   References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;

(b)   Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders and references to documents or agreements also mean those documents or agreements as changed, novated or replaced;

(c)   Grammatical forms of defined words or phrases have corresponding meanings;

(d)   Parties must perform their obligations on the dates and times fixed by reference to the capital city of Queensland;

(e)   Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

(f)    If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;

(g)   References to a party are intended to bind their heirs, executors, administrators, successors and assigns; and

(h)   Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

Base Cancellation Fee is 50% of the quote or the cost of materials incurred by the Supplier, whichever is the higher value. 

Supplier means MVX Electrical its successors and assigns or any person acting on behalf of and with the authority of MVX Electrical.

Customer means the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, with authorisation or other form as provided by the Supplier to the Customer. 

Guarantor means that person (or persons) or entity who agrees to be liable for the debts of the Customer on a principal debtor basis.

Goods means Goods supplied by the Supplier to the Customer (and where the context so permits 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 the Supplier to the Customer.

Quote means the Quote or cost estimate for the Goods and Services supplied by the Supplier to the Customer set out in clause 11 of this agreement.

Services means all Services supplied by the Supplier to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).  

Site means the location for the delivery of Good and/or Services by the Supplier to the Customer, including but not limited to loading bays and work site.

Price shall mean the Quote for the supply of goods and services as agreed between the Supplier and the Customerset out in clause 11. 

Works means the description for the supply of goods and services set out in this agreement, Quote or its variation.

2.          Agreement

Subject to clause 11 of this agreement, the parties agree to the supply of and payment for goods and services specified in the Quote.

3.          Relationship

The Supplier is an independent contractor and not an employee, partner, joint venture partner or agent of the customer.

4.          Exclusivity and restraint

Neither the customer nor the Supplier are required to deal with each other on an exclusive basis in relation to the supply of goods and services. 

5.          Title and risk

The title to goods will pass to the Customer upon receipt of cleared funds as full payment following delivery.

6.          Warranties

A.     To the extent required by the Australian Consumer Law (“ACL”), the Supplier warrants that:

(a)   the Works will be carried out in accordance with all relevant laws and legal requirements in an appropriate and skilful way, in accordance with the plans and specifications (where relevant) using Goods that are good and suitable for the purpose for which they are intended to be used and that, unless otherwise stated in the Contract, those Goods will be new; and

(b)   each provisional sum item allowance, if calculated by the Supplier, has been calculated with reasonable skill and care, having regard to all the information reasonably available when the Contract is entered into (including information about the nature and location of the Site).

B.     The Supplier warrants that the Works are, and that Goods supplied are, free of defects at the time of completion and/or installation.

C.     If the Supplier be directed to reuse any materials or components from the Site or elsewhere, then the Supplier will not accept any responsibility for the aesthetic finishes, structural entity or any warranties whatsoever attached to those materials or components. The Customer shall indemnify the Supplier from any costs, losses or expenses associated with the rectification or resupply of such materials or components.

D.    Subject to the ACL, the Supplier does not have to fix any problem caused by misuse, abuse, wear and tear, damage caused by vermin, lizards and insects, or normal shrinkage or movement, minor colour variation in natural products, work done by others or any defects in Goods supplied by the Customer.     

7.          Insurance

A.     The Supplier will effect and maintain adequate insurance in accordance with the industry standards and as reasonably required.

B.     If required, the Supplier will provide to the customer a copy of a certificate of currency in relation to each insurance policy immediately on request by the customer.

8.          Performance

The Supplier will carry out its obligations hereunder in a proper and workmanlike manner and will follow any special instructions set out in the Quote or its variations.

9.          Subcontracting

The Customer agrees that the Supplier may subcontract any work hereunder to any third party.

10.       Quote

A.     The Supplier shall give the Customer a Quote specifying the Goods and Services required in order to fulfill the Customer’s instructions:

(a)   the Customer shall accept the Quote by:

(i)                 Confirming acceptance of the Quote in writing, via email or text message; OR

(ii)                Accepting the Quote by clicking the receipt link or DocuSign in the email sent from our accounting software.

(iii)               By following the web link emailed with the quote and clicking “accept”.

(b)  the Customer shall accept the Quote accompanied by a purchase order number, if applicable; 

(i)                 for the avoidance of doubt, the Customer Quote is regarded as the Quote and constitutes an agreement between the Supplier and Customer.

(ii)                This document contains the standard terms that form part of the Quote and /or its variations.

(c)   Quotes are valid for fourteen (14) days only unless an extension has been authorised by the Supplier; and

(d)   the Customer warrants that it has not relied on any representation by the Supplier other than as supplied in writing in the Quote.

B.     Supplier May Revise the Quotation

(a)   The Supplier may amend a Quote, if not accepted within fourteen (14) days from the date of the Quote, to take into account any rise or fall in the cost of the Goods and Services as quoted and the Supplier shall notify the Customer of such amendment as soon as practicable thereafter. 

(b)   The Supplier will not be obliged to commence the Services until such time as the Customer agrees to the amendment of the Quote.

11.       Invoicing and payment

A.    The Supplier will submit to the customer a valid tax invoice at agreed intervals with all relevant records to enable the customer to verify the amount payable including any other information or documents reasonably required by the customer.

B.     The customer will pay the Supplier’s tax invoices on their due date as set out in the Quote.

12.       Cancellation

(a)   The Customer may cancel the Quote at any time by written notice to the Supplier. If the Customer cancels, it must pay the cancellation fee in accordance with clauses 12 (b), (c), (d) and (e).

(b)   On cancellation of the Quote or its variations, and/or on termination of this agreement, after deposits have been paid and/or the Quote has been signed as accepted, any deposits paid by the Customer will be forfeited by the Supplier.

(c)   The Customer shall reimburse the Supplier for any costs, losses or expenses incurred by the Supplier should the Customer cancel an accepted Quote.

(d)   Notice of cancellation or termination will be assessed from the date notice is given to the calendar day on which the Service Period begins (even if the Service Period begins after Core Operating Hours). Note: This date may be earlier than the first day of the Works.

(e)   The Customer acknowledges that:

(i)    The Base Cancellation Fee represents a genuine pre-estimate of the anticipated loss to the Operator arising out of the cancellation for the supply of goods and services set out in the schedule;

(ii)   in circumstances where the Supplier considers the genuine pre-estimate of its loss for a particular contract to exceed the Base Cancellation Fee it may require deposits in excess of the Base Cancellation Fee and the Customer acknowledges that by entering into this agreement for the supply of goods and services or as set out in the Quote with higher deposits that it accepts that those higher deposits are a genuine pre-estimate of the Supplier’s loss for cancellation of this agreement, the Quote and/or its variations.

13.       Work in Progress

(a)   The Customer shall provide Site access for the Supplier to complete any necessary work. Any interruptions due to no Site access or work by other tradespeople or the Customer causing down-time may be billed at the Supplier’s hourly rate. 

(b)   The hourly rate is $100.00 + GST.. 

14.       Unforeseen Circumstances

(a)   The Supplier shall NOT be liable for any problems with the Site due to another Supplier’s prior work or latent conditions which are only revealed when installing the Goods or providing the Services. 

(b)   The Supplier will carry out any work needed to fix any such problem if it is considered necessary for satisfactory installation of the Goods. The Customer agrees to pay the reasonable cost incurred by the Supplier.

(c)   Any additional work necessary due to these circumstances is a variation and subject to Clause 11, 12 and 14. If a price is not agreed between the parties then the charge shall be the total of the following:

The total cost of material plus hourly rate $100.00 + GST. 

15.       Services Below the Ground

(a)   Where applicable, the Customer must clearly mark the exact location and identify all services above and below the ground that the Customer initiated at the Site, including but not limited to drains, pipes, sewers, mains and telephone and data cables, to enable the Supplier to prevent damage to all such services. 

(b)   Should the Customer fail to provide the Supplier with the location of services the Customer has initiated, or provided incorrect information, then the Customer shall indemnify the Supplier from any claim for costs, expenses or losses.

16.       Do and Charge Work

(a)   The parties agree that the ‘Do and Charge Work Agreement’ is valid and applies in lieu of a Quote.

(b)   The hourly rate for ‘Do and Charge’ work is $100.00 + GST and may change should the Supplier experience latent conditions or obstacles requiring the hire of special equipment to complete the work. 

(c)   Should the ‘Do and Charge’ work prove to be more substantial than first envisaged, then the Supplier reserves the right to raise a Quote for the work. 

(d)   Unless otherwise agreed, before any further work is performed by the Supplier the Customer must accept the Quote in the manner specified under clause 10.

17.       Supplier’s Trading Hours

(a)   The Supplier’s normal trading hours are 7.00am to 4.00pm Monday to Friday.

(b)   Work performed (at the Customer’s request) outside those hours or on a public holiday will be at the Supplier’s discretion and will be subject to a surcharge of fifteen (15) percent.

18.       Variations

(a)   All requests for variations by the Customer or the Customer’s Agent must be made direct to the Supplier’s office during normal business hours (7.00am to 4.00pm Monday to Friday). The Supplier will charge the current office administration fee of $50.00 plus hourly rate of $100.00 + GST irrespective as to the variation being approved or not approved.

(b)   The Customer shall indemnify the Supplier from any additional cost incurred by the Supplier should the Customer increase the scope of the Works and/or the supply of goods and services that is required to be provided. Proof that the Customer can afford the variation may be requested.

(c)   If a response to a variation requested by the Supplier has not been received from the Customer within two (2) business days, the Supplier will carry out the Works described as part of its Scope of Works. Such variations may result in additional charges to the original Quote and/or this agreement.

(d)   The Customer agrees to indemnify the Supplier from hold up and lost building time and any costs and expenses due to variation work requested or agreed to by the Customer.

(e)   The Customer agrees to make no claim against the Supplier for liquidated damages related to delays due to variations that were requested by the Customer. 

19.       Payment and Default

A.                 Time for Payment

Unless otherwise agreed in writing the Supplier’s payment terms are strictly due and payable within one (1) business day from the date of the Supplier’s tax invoice or as specified otherwise on the tax invoice’s due date.

B.                 Deposit

(a)   The Supplier may require a deposit from the Customer and the Customer acknowledges the Supplier is under no obligation to undertake any work as requested by the Customer until the deposit is received by the Supplier in full and when all details pertaining to contract are finalised. 

(b)   The Supplier reserves the right to retain the deposit if the Customer terminates the Quote and/or defaults under this agreement. 

(c)   On cancellation of the Quote or its variations, and/or on termination of this agreement, after deposits have been paid and/or the Quote has been accepted, any deposits paid by the Customer will be retained by the Supplier.

C.                 Payment Claims

(a)   The Supplier shall make any payment claims in accordance with The Building and Construction Industry Payments Act 2004.

(b)   The Customer must respond appropriately and within the time specified in the Act.

D.             Payment Plan 

(a)   From time to time the Supplier may offer Customers a payment plan, spreading payment over a specified period with re-occurring payments. 

(b)   A formal Payment Plan Agreement would need to be entered into and such an agreement would include the Supplier’s Terms and Conditions of Trade.

E.              Progress Payments

When agreed progress payments are not honoured by the Customer, the Supplier reserves the right to halt the Services until such time as the outstanding payment is forthcoming. In addition, clauses 18, 20, 21, 24 and 36 may apply.

F.              Administration Fee

The Supplier reserves the right to charge a monthly fee of $100.00 + GST for any accounts not paid within the Supplier’s agreed payment terms.

G.             Interest

The Supplier may charge interest at fifteen percent (15%) per annum calculated on a daily basis on amounts not paid within the Supplier’s payment terms.

H.             Damages

The Customer must pay to the Supplier any costs, expenses or losses incurred by the Supplier as a result of the Customer’s failure to pay to the Supplier all sums outstanding as owed by the Customer to the Supplier including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own Customer basis.

20.       Retention of Title

A. Title

Notwithstanding the delivery of the Goods or their installation, title in any particular Goods shall remain with the Supplier regardless of whether the Goods are on-sold by the Customer until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Supplier for the Goods, including all applicable GST and other taxes, levies and duties. 

a.     Where the Goods have been on-sold by the Customer, the Customer will be taken to hold the proceeds of sale of such Goods upon trust for the Supplier and to account to the Supplier for these proceeds. 

b.     Any payment made by or on behalf of the Customer which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the Supplier’s title in the Goods nor the Customer’s indebtedness to the Supplier and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.

B.     Bailment 

The Customer acknowledges that it is in possession of the Goods solely as Bailee until payment of all invoices for the Goods is made pursuant to clauses 11, 12 and 14 and until that time the Customer must not encumber or otherwise charge the Goods and the Customer shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery of the Goods.

C.     Repossession

(a)   The Customer hereby irrevocably grants to the Supplier the right, at its sole discretion, to remove or repossess any Goods from the Customer and sell or dispose of them, and the Supplier shall not be liable to the Customer or any person claiming through the Customer and the Supplier shall be entitled to retain the proceeds of any Goods sold and apply same towards the Customer’s indebtedness to the Supplier. 

(b)   If the Customer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause, then the Supplier may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Customer on any account which has not been paid in accordance with the Terms and Conditions herein and commence proceedings to recover the balance of any monies owing the Supplier by the Customer.

21.       Personal Property Security Act (PPSA) – intentionally left blank

22.       Liabilities

A.     Non-excludable Rights

The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods and Services which cannot be excluded, restricted or modified by the contract (“Non-excludable Rights”)

B.     Disclaimer of Liability

(a)   The Supplier disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. 

(b)   To the extent permitted by law, the liability of the Supplier for a breach of a Non-Excludable Right is limited, at the Supplier’s option, to the supplying of the Goods and Services again or payment of the cost of having the Goods and Services supplied again.

C.     Indirect Losses

Notwithstanding any other provision of these Terms and Conditions, the Supplier is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for: 

(a)   any increased costs or expenses; 

(b)   any loss of profit, revenue, business, contracts or anticipated savings;

(c)   loss or expense resulting from a claim by a third party; or 

(d)   any special, indirect or consequential loss or damage of any nature whatsoever caused by the Supplier’s failure to complete or delay in completing the Services within a reasonable time.

D.    Force Majeure

The Supplier will have no liability to the Customer in relation to any loss, damage or expense caused by the Supplier’s failure to complete the Services or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, pandemic or other viruses, the inability of the Supplier’s normal Suppliers to supply products or any other matter beyond the Supplier’s control.

23.       Privacy

A.     The Customer authorises the Supplier to collect, retain, record, use and disclose commercial and/or consumer information about the Customer, in accordance with the Privacy Act 1988 and the Privacy Principles outlined in the Privacy Amendment Act 2012, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Supplier, a debt collector, credit reporting body and/or any other individual or organisation which maintains credit references and/or default listings. This information may be given before, during or after the provision of credit to the Customer.

B.     Subject to the Privacy Principles outlined in the Privacy Amendment Act 2012, the Customer further authorises the Supplier to collect, retain, record, use and disclose personal information for the marketing of Goods and Services provided by the Supplier.

24.       Security and Charge

The Customer hereby charges all property, both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer under these Terms and Conditions or otherwise and hereby authorises the Supplier or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Customer at any time.

25.       Records and audit

The Supplier will create and maintain proper, complete and accurate records relating to the goods and services provided to the customer under the Quote and provide copies to the customer on request. 

26.       General Matters

A.     Failure by the Supplier to enforce or delay in enforcing any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged by in writing.

B.     Amendments to these Terms and Conditions

(a)     The Supplier reserves the right to vary these Terms and Conditions at any time with notice in writing to the Customer. 

(b)   Any subsequent accepted Quote or work order will represent the Customer’s agreement to these Terms and Conditions as amended.

C.     Severability

(a)   Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. 

(b)   If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

D.    Governing Law and Jurisdiction

(a)   These Terms and Conditions are governed by the laws of the State of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland. 

(b)   All disputes arising between the Customer and the Supplier will be submitted to a court of competent jurisdiction in Queensland selected by the Supplier and such court shall possess territorial jurisdiction to hear and determine such proceedings.

GOODS

27.       Delivery

The Supplier will supply the goods to the Customer, its employees or its agents at the place and at the time set out in the Quote and/or its variations.

28.       Inspection

The customer has a reasonable time to inspect the goods and may reject defective goods and return them for a credit or require the Supplier to replace them.

29.       Other obligations

(a)   The Supplier will ensure all goods are new, of merchantable quality, free from any defects, fit for their purpose and packed and marked as required by the customer and regulation.

(b)   Subject to clause 12 of this agreement, the parties agree that the Supplier reserves its right in full to retain any deposit for any cancellations and/or requests for refunds.

SERVICES

30.       Termination

(a)   The agreement between Supplier and Customer expires and comes to an end on completion of the supply of goods and services set out in the Quote and/or its variation.

(b)   In the event that the agreement is ongoing then without cause either party may terminate the Quotewithin five (5) days of providing written notice provided that work in progress is completed before the termination date. The parties agree to act reasonably at all times.

(c)   Unless agreed otherwise, the customer must provide a written notice to the Supplier specifying the breach and requiring the Supplier to remedy the breach within thirty (30) days, failing which the customer may immediately terminate the Quote by notice in writing.

31.       Events following termination

(a)   On expiry or termination of the Quote the Supplier will return all hard copies of any confidential information and all other items of the customer’s property. Final accounts shall be prepared and settled and, if requested to do so, the Supplier will assist the customer to obtain the goods and services from another provider.

(b)   The expiry or termination of the Quote for any reason will be without prejudice to any rights or liabilities of the parties which have accrued prior to the date of expiry or termination.

32.       Assignment

(a)   The customer may assign any rights or benefits under the Quote at any time.

(b)   Unless mutually agreed, the Supplier may not assign any rights or benefits under the Quote.

33.       Confidentiality

(a)   The existence and terms of the Quote and information provided in connection with its performance are confidential and the parties must treat this information confidentially. 

(b)   They must not, and they must ensure that any person who with approval receives the information does not, disclose any of the information in any form to anyone else or use any of the information except to perform its obligations under the Quote.

34.       Entire agreement

This document contains the standard terms for the supply of good and services set out in the Quote and understanding between the parties on everything connected with the subject matter of this agreement and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this document.

35.       Amendment

An amendment or variation to the Quote and this document is not effective unless it is in writing and signed or accepted in writing or via email by all the parties.

36.       Dispute resolution

If a dispute arises between the parties the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:

A.          Notification

Within five (5) business days of the dispute, the complainant must inform the respondent in writing of the following:

(a)   The nature of the dispute;

(b)   The outcome the complainant desires, and

(c)   The action the complainant believes will settle the dispute.

(1)        The person to notify is: Matt Vagg 

A.          Contact number: 0427 593 990

B.          Email address: mvxelectrical@gmail.com

B.   Endeavour to resolve dispute

On receipt of the complaint by the respondent both parties will make every effort to resolve the dispute by mutual negotiation within thirty (30) business days upon receipt of the notice of the dispute.

C. Mediation or Dispute Resolution

(a)   Any unresolved dispute or difference whatsoever arising out of or in connection with this document shall be submitted to mediation under the Mediation Rules of The Council of The Institute of Arbitrators Australia or its equivalent. 

(b)   The parties agree that the costs of any mediation or alternative dispute resolution shall be paid equally by both parties. 

D. Survival of this clause

This clause survives termination of the Quote and its variation.

37.       Waiver and amendments

Any waiver by any party to a breach of the Quote shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

38.       Events beyond control

Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of the Quote, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions, prohibitions, pandemics, viruses or any other actions by any government or semi government authorities.

39.       Severance

If anything in this agreement is unenforceable, illegal or void it is severed, and the rest of the Quote remains in force.

40.       Notices

A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:

A.    Delivered personally; or

B.     Posted to their address when it will be treated as having been received on the second business day after posting; or

C.     Sent by email to their email address when it will be treated as received when it enters the recipient’s information system.

41.       Counterparts

The Quote and this document may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the agreement will be the date on which it is executed by the last party.

42.       Assignment

The Customer must not assign any right or obligation under this document without the prior written approval of the Operator.

43.       Relationship of the Parties

The Event Contract is not intended to create a partnership, joint venture or agency relationship between the parties

44.       Costs

Each party will pay their own costs in relation to the Quote and this document.