Terms and Conditions of Trade – M&N Electrical Group

The following Terms and Conditions of Trade (“Terms and Conditions”) are legally binding upon all services conducted and carried out by M&N Electrical Group (‘M&N Electrical’), unless otherwise expressly agreed upon in writing between an authorised representative or agent from M&N Electrical.

1. Definitions

1.1. “Seller” means M&N Electrical Group.

1.2. “Customer” means the person or persons placing the order for Services and/or goods supplied by M&N Electrical to the Customer as specified in any invoice, document or order. The customer permits that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.

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

1.4. “Goods” means Goods supplied by M&N Electrical to the Customer.

1.5. “Services” means all services supplied by M&N Electrical to the Customer and includes any advice or recommendations.

1.6. “Price” shall mean the cost of the Goods as agreed between M&N Electrical and the Customer subject to Clause 3 of this contract.

1.7. “Quote” means any document containing a price for Services, including but not limited to Tax Invoices or quotations by both online or handwritten mediums.

2. Binding Nature

2.1. All orders placed with M&N Electrical shall only be accepted subject to these Terms and Conditions. 

2.2. Upon the Customer placing an order for the good/s or services, signs any Quote, pays the deposit, continues to provide instructions and/or accepts the product/s or Services, the Customer is deemed to have exclusively accepted and is immediately bound by these Terms and Conditions.

2.3. Any instructions received by M&N Electrical from the Customer for the supply of goods and/or the Customer’s acceptance of goods supplied by M&N Electrical shall constitute acceptance of the terms and conditions contained herein.

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

2.5. Upon acceptance of these Terms and Conditions by the Customer the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions.

2.6. None of M&N Electricals’ agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of M&N Electrical in writing nor is M&N Electrical bound by any such unauthorised statements.

2.7. The Customer undertakes to give M&N Electrical not less than fourteen (14) days prior to written notice of any proposed change in the Customer’s name and/or any change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice).

2.8. M&N Electrical may, at any time, alter these Terms and Conditions and such altered Terms and Conditions shall apply after notification by M&N Electrical to the Customer.

3. Pricing

3.1. At M&N Electricals sole discretion, the Price shall be either:

3.1.1. As directed on invoices provided by M&N Electrical to the Customer in respect of goods or services supplied or

3.1.2. M&N Electricals current price, at the date of delivery of Goods, according to M&N Electricals current Price list or

3.1.3. The M&N Electricals’ quoted Price (subject to Clause 3.2) which shall be binding upon M&N Electrical, provided that the Customer accepts in writing the M&N Electrical’s quotation within thirty (30) days.

3.2. Upon acceptance of the Quote by the Customer, M&N Electrical may require a deposit to be paid prior to any Services being commenced by M&N Electrical. This deposit is at the sole discretion of M&N Electrical.

3.3. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable.

3.4. M&N Electrical reserves the right to change the contract sum on the Quote and the right to invoice for any additional costs incurred for planned services. If there is any error or omission in the Quote, M&N Electrical reserves the right to change the contract sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Prices quoted are subject to final costing assessment by M&N Electrical.

3.5. Any variation from the plan of scheduled works or specifications will be charged for on the basis of M&N Electricals’ quotation and will be shown as variations on the invoice, payment for all variations must be made in full at the time of completion.

3.6. Time of payment for the goods or service will be stated on the invoice, quotation or any other order form; if no time is stated then payment shall be on delivery of the Goods.

3.7. Payment will be due seven (7) days following the date of the invoice.

3.8. Payment will be made by the Customer on delivery of goods and/or service by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and M&N Electrical

3.9. The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent given by the M&N Electrical.

3.10. At M&N Electricals sole discretion a portion of or the full amount of the deposit may be non-refundable in the event of the work being cancelled by the Customer.

3.11. M&N Electrical reserves the right to invoice for any additional costs incurred for planned works that exceed the value of the deposit held for the planned works when the work is cancelled by the Customer.

3.12. At M&N Electricals’ sole discretion, progress payments will be requested as each quoted service is completed or goods supplied to the Customer. If a payment is requested by M&N Electrical, payment must be made by the Customer close of business on the day that the item of service is completed, or goods supplied. No further work will be commenced by M&N Electrical until the progress payment that has been requested is received.

4. Delivery of Goods/ Services

4.1. Delivery of Goods shall be made to the Customer’s address; the Customer shall make all arrangements necessary to take delivery of the Goods wherever they are intended for delivery.

4.2. The failure of M&N Electrical to deliver shall not entitle either party to treat this contract as repudiated.

4.3. M&N Electrical shall not be liable for any loss or damage due to failure by the M&N Electrical to deliver the Goods (or part thereof) promptly or at all.

4.4. M&N Electrical shall not be liable for any failure or delay in the supply or delivery of the products or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of M&N Electrical.

5. Risk

5.1. M&N Electrical shall retain property of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.

5.2. In the event that any of the Goods are damaged or destroyed prior to them passing onto the Customer, M&N Electrical is entitled to retain the rights to receive all insurance proceeds payable under the Contract without prejudice to any of its other rights or remedies under the Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods). The terms and conditions under this agreement is sufficient evidence of M&N Electrical as the seller to receive the insurance proceeds without the need for further enquiries.

6. Customer’s Disclaimer

6.1. Upon acceptance of the terms and conditions of this agreement, the Customer acknowledges that it is their sole responsibility to check and confirm the order with M&N Electrical prior to signing the Quote.

6.2. Upon acceptance of the terms and conditions of this agreement, the Customer hereby disclaims the right to rescind or cancel the contract or to sue for damages or any claims for restitution arising from M&N Electrical.

6.3. Upon acceptance of the terms and conditions of this agreement, the Customer hereby acknowledges that the Goods they buy is based upon their own skill and judgement which they reliant upon.

6.4. Upon acceptance of the terms and conditions of this agreement, the Customer acknowledges that M&N Electrical is not bound by or responsible for term, condition, representation or warranty other than the warranty given by the Manufacturer which shall be personal to the Customer and shall not be transferable to any subsequent Customer.

6.5. To ensure that a continuous workflow is provided, it is the clients responsibility to ensure that work is completed without interruption by the mutually agreed deadline between the Customer and M&N Electrical. M&N Electrical reserves the right to invoice Customer for any additional costs incurred by M&N Electrical as a result of the interruption. This includes, but is not limited to, additional return and travel costs to the site. Customer is solely responsible for ensuring that plumbing, electrical and other equipment not specified in this offer does not contaminate the work area and related areas. The customer assumes full responsibility for any infrastructure required and necessary foundations.

6.6. The Customer shall ensure that M&N Electrical always has clear and unobstructed access to the site for work to be performed. M&N Electrical will take the necessary and expected reasonable care in the delivery and installation of the product in accordance with our terms and conditions. M&N Electrical shall not be liable for any loss or damage to the site.

7. Defects/ Returns

7.1. In accordance with the obligations set out The Australian Consumer Law, the Customer has 7 days to inspect the Goods upon delivery to notify M&N Electrical of any major or minor problems. If the Customer fails to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the Terms and Conditions and free from any defect or damage.

7.2. The Customer shall afford M&N Electrical the opportunity to examine and inspect the Goods within a reasonable time following delivery.

7.3. In the event that the Customer has complied with the provisions of Clause 7.1 and minor damage or problem with the Good is found, the Customer is entitled is to a repair, replacement or refund at M&N Electricals’ discretion.

7.4. In the event that the Customer has complied with the provisions of Clause 7.1 and a major damage or problem with the Good is found, the Customer is entitled is to a repair, replacement or refund at the Customers choice.

7.5. M&N Electrical will not be liable for Goods which have not been stored or used in the intended use and proper manner.

7.6. In the event that the Customer has complied with the provisions of Clause 7.1 and the Goods are returned in the condition in which they were delivered with all packaging materials, M&N Electrical be liable for damages or faults in the Goods.

8. Warranty

8.1. In accordance with obligations set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth), M&N Electrical will be subject to the conditions of warranty.

8.2. M&N warrants that if a defect in any of the Services provided or undertaken by M&N Electrical is reported to M&N Electrical within 3 years of the date of completion, M&N Electrical will either replace or remedy the Services will only be subject to these Terms and Conditions.

8.3. A warranty will not be applicable if any of the following are present:

8.3.1. The defect or damage was caused or partly caused by the negligence of the Customer to properly maintain and use the Services as intended, instructed and advised by M&N Electrical.

8.3.2. If the Customer continues to use the works or services provided after a fault has become apparent to the reasonable consumer using or operating the good or service.

8.3.3. The Customer has themselves or allowed others to deal with the products outside of its ordinary use, not limited to an attempt to repair the fault.

8.4. M&N Electrical shall not be liable to compensate for any delays in repairing, replacing or assessing the Customer’s claim.

9. Default and Consequences of Default

9.1. It is agreed that time is of the essence of this Note and that in the event of default of payment, and it is agreed that interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.

9.2. If the Customer defaults in payment of any invoices when due, the Customer shall indemnify M&N Electrical from and against all costs and disbursements including on a solicitor and own client basis and in addition all of M&N Electricals’ nominees costs of collection.

9.3. At M&N Electricals’ discretion, at any time the Customer is in breach of any obligation (including those relating to payment), M&N Electrical may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. M&N Electrical will not be liable to the Customer for any loss of damage the Customer suffers because M&N Electrical exercises its rights under this clause.

10. Termination

10.1. In the event that the Customer:

10.1.1. fails to comply with any of these Terms and Conditions;

10.1.2. becomes bankrupt;

10.1.3. or if the Company passes a dissolution or liquidation resolution (other than for purposes of reorganization or restructuring);

10.1.4. enters into any composition or arrangement with creditors;

10.1.5. or if a receiver or manager is appointed for any property or assets of the customer;

10.1.6. or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up

10.1.7. or if a Liquidator or Provisional Liquidator is appointed;

10.2 M&N Electrical in addition to exercising all or any of its rights against the customer, will suspend all further deliveries and payments made in accordance with the Terms and Conditions. Additionally, will promptly reinstate ownership and recover possession of any products not paid for in accordance with the Terms and Conditions

10.3 M&N Electrical will not be liable for any loss or damage the Customer suffers as a result of M&N Electrical exercising its rights under this Clause.

11. Privacy Act 1988

11.1. The Customer hereby acknowledges and agrees that:

11.1.1. M&N Electrical will collect and store personal information such as contact details, bank account details, insurance details and credit card details for five (5) years. The purpose of the collection of personal information is only for internal use.

11.1.2. That their personal information may be disclosed to or acquired from or to a credit reporting agency.

12. General Terms

12.1. M&;N Electrical reserves its rights as Seller under the Sale of Goods Act and/or similar State or Territory laws.

12.2. M&N Electrical shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by M&N Electrical of these terms and conditions.

12.3. In the event of any breach of this contract by the M&N Electrical remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

12.4. M&N Electrical reserves the right to review these terms and conditions at any time and from time to time, M&N Electrical will notify the Customers of any change. Upon the date of notification to the Customer, the change will take effect.

12.5. If M&N Electrical cannot attend to the job the same day the client will be offered the next available job booking time.

12.6. M&N Electrical standard business working hours 7am-5pm with 24-Hour emergency services. This includes Australian public and state holidays.