Terms & Conditions
MTR Electrical Solutions – Terms and Conditions
By placing an order or accepting a quote, the customer hereby accepts the following, which may be varied only in writing by MTR Electrical Solutions. Please be advised that placing an order with MTR Electrical Solutions will over ride any terms and conditions provided by the Customer.
1.1 Terms of payment:
MTR Electrical Solutions may from time to time offer extended terms of payment, it reserves the right to require full payment of all invoices within 30 days of the date of invoice relating to the delivery of goods or provision of services.
Credit Card payment facilities – If the payment or authority to charge is received with in 7 days of dated invoice there will be no service charge for using credit facilities. After 7 days there will be a charge of 2% of the transaction total. Only visa cards and Master cards will be excepted.
Projects under $8,000.00 + GST
These projects will be split up into two payments 50% after rough in and remaining balance upon completion. Unless otherwise agreed to or instructed by MTR Electrical Solutions. All extras throughout the job are to be paid in full at the next progress payment.
Projects Over $8,000 + GST
Will be split into the following payments:
30% after completion of the rough in
30% after cut out
30% on completion of works
All extras throughout the project are to be paid in the full at the next progress payment.
Unless otherwise stated or agreed to by MTR Electrical Solutions
1.2 Interest when accounts are overdue. When an account becomes overdue the debtor will be notified and be given 5 days to pay the account in full after which MTR Electrical Solution has the right to charge 2% interest per week on all over due amounts until the account is paid in full. Part payments shall be firstly credited against interest.
1.3 Recovery costs payable by the customer. We reserve the right to charge all costs incurred or which may be incurred in recovering or attempting to recover any goods or amounts owed by the customer, including any debt collectors commission and any legal costs and charges incurred in recovering or attempting to recover any amount owed by the customer. Any part payment shall firstly be credited against interest then debt recovery charges.
2.0 Price Basis. The price is quoted on the condition that supplier items and major material items can be ordered, and stored either on site or off site with storage certificates issued and payment made for materials held in storage.
2.1 Rise and Fall. Unless specifically stated in our quotation, our quotations are based on the cost of labour and materials at the date of the quotation and is subject to price variation.
2.2 Confidentiality of Documents & Proprietary Information. Drawings, specifications and other information supplied by us as part of our tender shall be regarded as confidential, shall be used only for Technical Information, consisting of drawings, specifications, calculations and design shall remain our property and must not be copied or disclosed to any third party unless authorised by us.
2.3 Title, Risk of Loss. Title of goods, services and works undertaken by MTR Electrical Solutions shall not pass until full payment for the goods, services and work undertaken has been made by the purchaser. The purchaser hereby authorises and acknowledges that entry will be given to the premises where the goods have been delivered, or installed and arrangements will be made for us to regain possession of the goods, for which full payment has not been made.
2.4 Hazardous Materials. Unless specifically stated in this quotation, the quoted price is based on the assumption that the work for which this quotation is submitted will be executed in a hazardous material free environment. It is a strict condition of this quotation that the customer accepts full responsibility for the resolution of any problems and for delays and additional costs which may result from the presence of these materials in or about the site on which the works (or any part thereof) are to be performed.
2.5 Work Site Access. We have based our offer on free and unrestricted access to all required work areas.
2.6 Live Work Clause. It is our strict policy to only undertake live work or work near live conductors where it is safe to do so, particular emphasis is placed on: Compliance with AS/NZS 4836:2001 “Safe working on Low Voltage Electrical Installations, relevant Commonwealth and State Statutory Acts and Work Place Regulations”. Our live work procedure is designed to eliminate risk of injury to our employees, damage to your installations and unexpected power disconnections. The above may require us to disconnect or isolate parts of the installation to undertake such work for which additional charges may be applicable.
2.7 Service/Delivery By Instalments. Where it is practical, we reserve the right to deliver the goods, service and/or carry out the installation by instalments. In such instances progress payments and billings for each instalment shall be due in accordance with the clauses “ Terms of Payments” above.
2.8 Site Conditions. This quotation is valid only if the site equipment/plant is in the same condition as stated when this quotation was prepared. Any additional costs incurred due to changes or further damaging of equipment by others will be deemed to be a variation to the contract.
2.9 Delivery. Delivery periods quoted are subject to change and as such should be treated as estimates only. We will endeavour to meet delivery dates but do not accept and liability for failure to complete the contract within any specified delivery period unless specifically stated otherwise in our quotation.
2.10 Precedence. In the event of conflict between these conditions and those which may be included in, or implied by any document forming part of an enquiry, specification, quotation, order or contract, than these conditions prevail except in as far as they are expressly varied by us in writing or by law.
2.11 Information and Drawings. All descriptive specifications, illustrations, drawings, dimensions etc, furnished by us are approximate only and are intended to be by way of general description of the goods or service and do not necessarily form part of the contract unless specifically identified as such by us in writing.
2.12 Insurance. MTR Electrical Solutions maintains adequate insurance that protects their property, in addition to the interests of Third Parties resulting from the negligence of MTR Electrical Solutions.
2.13 Breach of Contract. MTR Electrical Solutions shall not be liable or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of the specified Works if the delay or failure was due to any cause beyond MTR Electrical Solutions control. Including but not limited to an act of god, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute.
2.14 Electrical Safety. Please note that if during the course of installation where works are being conducted within and around switchboards that if it is found to be unsafe by MTR Electrical Solutions you will be immediately notified. The power if isolated will not be re-energised until such time as the existing condition has been rectified and made safe in accordance with state regulations. All costs associated with the rectification works including materials and labour shall be to the customer’s account. All works shall be notified to Energy Safe Victoria as required and relevant electrical inspections obtained.
2.15 Break-up of Prices. The Break-up of prices quoted are submitted for the purpose of a guide only. Should any of the quoted figures be deleted from the contract, we reserve the right to revise the amount tendered.
2.16 Contract Conditions. We advise that prior to acceptance of an order for works, the conditions of this contract will be mutually agreed with our company.
Shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by MTR Electrical Solutions to the Client.
Means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
Shall mean Goods supplied by MTR Electrical Solutions to the Client (and where the context so permits shall include any supply of Services) and are as described on the invoices, quotation, work authorisation or any other forms as provided by MTR Electrical Solutions to the Client.
Shall mean all Services supplied by MTR Electrical Solutions to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
Shall mean the price payable for the Goods and or Services as agreed between MTR Electrical Solutions and the Client.
4.0 PRIVACY STATEMENT: All “personal information” (as defined in the Privacy Act 1988 (Cth) supplied by the Customer (including any Credit Information) will be used by MTR Electrical Solution to administer the Trading Account (“primary purpose”). Personal information will not be disclosed to third parties unless this is consistent with the primary purpose or the disclosure is required or authorised by law. For the purpose of enforcing its rights under this Agreement, MTR Electrical Solutions may at times be required to disclose personal information to third parties such as debt collection agencies and legal service providers.