Terms & Conditions

1. Definitions
1.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2 “JEB” means Just Electrical Berowra Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Just Electrical Berowra Pty Ltd.
1.3 “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting JEB to provide the Works as specified in any
proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Customer, is a reference to each Customer jointly and severally; and
(b) if the Customer is a partnership, it shall bind each partner jointly and severally; and
(c) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Customer’s executors, administrators, successors and permitted assigns.
1.4 “Works” means all Works (including consultation, supply and/or installation services) or Materials supplied by JEB to
the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’
shall be interchangeable for the other).
1.5 “Worksite” means the address nominated by the Customer to which the Materials are to be supplied by JEB.
1.6 “Intended Use” means a building product and the use thereof, for which the building product is intended to be, or is reasonably likely to be, associated with a building.
1.7 “Non-Conforming Building Product” means building products that are regarded as Non-Conforming for an Intended Use if, when associated with a building:
(a) the product is not, or will not be, safe; or
(b) does not, or will not, comply with the relevant regulatory provisions; or
(c) the product does not perform, or is not capable of performing, for the use to the standard it is represented to conform by or for a person in the chain of responsibility for the product.
1.8 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and
other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.9 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using JEB’s website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
1.10 “Price” means the Price payable (plus any GST where applicable) for the Works as agreed between JEB and the Customer in accordance with clause 5 below.
1.11 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
2. Acceptance
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of any Works.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 Any work undertaken which is part of an insurance claim is undertaken with the understanding that should the claim be declined, or payment of the claim delayed, the Customer is liable for payment of the full Price.
2.5 Where JEB gives any advice, recommendation, information, assistance or service provided by JEB in relation to Materials or Works supplied is given in good faith to the Customer, or the Customer’s agent and is based on JEB’s own knowledge and experience and shall be accepted without liability on the part of JEB. Where such advice or recommendations are not acted upon then JEB shall require the Customer or their agent to authorise commencement of the Works in writing. JEB shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works.
2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
3.1 The Customer acknowledges and accepts that JEB shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by JEB in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by JEB in respect of the Works.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of JEB; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.
4. Change in Control
4.1 The Customer shall give JEB not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of
trustees or business practice). The Customer shall be liable for any loss incurred by JEB as a result of the Customer’s failure to comply with this clause.
5. Price and Payment
5.1 At JEB’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by JEB to the Customer in respect of Works performed or Materials supplied; or
(b) JEB’s quoted Price (subject to clause 5.2) which shall be binding upon JEB provided that the Customer shall accept JEB’s quotation in writing within thirty (30) days.
5.2 Unless otherwise stated, the cost of connecting to a supply authority or levies imposed by a network or other statutory bodies are not included in the quotation.
5.3 JEB reserves the right to change the Price:
(a) if a variation to the Materials which are to be supplied is requested; or
(b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested including any additional costs incurred by JEB where the Customer requests the acceleration of the existing work schedule (as per clause 6.5); or
(c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to Worksite accessibility, safety considerations including the discovery of asbestos or other hazardous materials, prerequisite work by a third party not being completed, hard rock or other barriers below the surface, latent soil conditions, iron reinforcing rods in concrete, or hidden pipes and wiring in walls, or replacement, repair or suitability of existing wiring, etc.) which are only discovered on commencement of the Works; or
(d) in the event of increases to JEB in the cost of labour or Materials which are beyond JEB’s control.
5.4 Variations will be charged for on the basis of JEB’s quotation, and will be detailed in writing, and shown as variations on JEB’s invoice. The Customer shall be required to respond to any variation submitted by JEB within ten (10) working days. Failure to do so will entitle JEB to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.5 At JEB’s sole discretion a deposit may be required.
5.6 Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by JEB, which may be:
(a) on completion of the Works; or
(b) by way of progress payments in accordance with JEB’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the Worksite but not yet installed; or
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven
(7) days following the date of any invoice given to the Customer by JEB.
5.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and JEB.
5.8 JEB may in its discretion allocate any payment received from the Customer towards any invoice that JEB determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer JEB may re-allocate any payments previously received and allocated. In the absence of any payment allocation by JEB, payment will be deemed to be allocated in such manner as preserves the maximum value of JEB’s Purchase Money Security Interest (as defined in the PPSA) in the Materials.
5.9 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by JEB nor to withhold payment of any invoice because part of that invoice is in dispute.
5.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to JEB an amount equal to any GST JEB must pay for any supply by JEB under this or any other agreement for the sale of the Materials. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
6. Provision of the Works
6.1 Subject to clause 6.2 it is JEB’s responsibility to ensure that the Works start as soon as it is reasonably possible.
6.2 The Works’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that JEB claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond JEB’s control, including but not limited to any failure by the Customer to:
(a) make a selection; or
(b) have the Worksite ready for the Works; or
(c) notify JEB that the Worksite is ready.
6.3 JEB may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.4 Any time specified by JEB for delivery of the Works is an estimate only and JEB will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Works to be supplied at the time and place as was arranged between both parties. In the event that JEB is unable to supply the Works as agreed solely due to any action or inaction of the Customer, then JEB shall be entitled to charge a reasonable fee for re-supplying the Works at a later time and date, and/or for storage of the Materials.
6.5 In the event that JEB is required to provide the Works urgently, requiring JEB’s staff to work outside normal business hours (including but not limited to working through lunch breaks, weekends and/or Public Holidays), then JEB reserves the right to charge the Customer additional labour costs (penalty rates will apply) as per clause 5.3(b), unless otherwise agreed between JEB and the Customer.
7. Handover
7.1 Where JEB has installed and/or completed a section of the Works and handed over to the Customer or the Customer’s agent, all risk for the Works shall pass onto the Customer (subject to clause 7.2), and shall be deemed to be practically complete.
7.2 Should the Customer request JEB to either defer or cease work on a section prior to Materials being installed or Works completed, then that section shall be handed over to the Customer or the Customer’s agent and shall be deemed to be practically complete with all risk passing to the Customer.
7.3 JEB shall maintain title in any section that has been handed over to the Customer with the exception of where any monies paid prior to or on completion of any such section, then title of that section shall pass to the Customer upon the Customer’s acceptance of that section.
8. Risk
8.1 If JEB retains ownership of the Materials under clause 14 then:
(a) where JEB is supplying Materials only, all risk for the Materials shall immediately pass to the Customer on delivery and the Customer must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either;
(i) the Materials are delivered by JEB or JEB’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address); and
(ii) at JEB’s sole discretion, the cost of delivery is included in the Price.
(b) where JEB is to both supply and install Materials then JEB shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.
8.2 Notwithstanding the provisions of clause 8.1 if the Customer specifically requests JEB to leave Materials outside JEB’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Customer’s expense.
8.3 JEB shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the
Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, JEB accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
8.4 The Customer acknowledges and agrees that it is their responsibility to insure any equipment partly or completely installed on the Worksite, against theft or damage.
8.5 In the event that the electrical wiring is required to be repositioned at the request of any third party contracted by the Customer then the Customer agrees to notify JEB immediately upon any proposed changes. The Customer agrees to indemnify JEB against any additional costs incurred with such a relocation of electrical wiring. All such variances shall be invoiced in accordance with clause 5.2.
8.6 The Customer warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (including, but not limited to, meter boxes, main switches,
circuit breakers, and electrical cable or plumbing fittings) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe wiring or dangerous access to roofing) that JEB, or employees of JEB, reasonably form the opinion that the Customer’s premises is not safe for the installation of Materials to proceed then JEB shall be entitled to delay installation of the Materials in accordance with the provisions of clause 6.2 above) until JEB is satisfied that it is safe for the installation to proceed.
8.7 The Customer acknowledges that it is their responsibility to ensure that all goods, plant or equipment which JEB is equired to install (or to connect any of its Materials to) are of the correct type, size, rating, standard, quality, colour and finish, generally conform with all relevant Australian Standards and local statutory requirements, and are as specified in the specifications, drawings and plans upon which
JEB based the quotation on and therefore, the Customer agrees to indemnify JEB against any costs incurred by JEB in rectifying such errors if required.
8.8 Where JEB is required to provide workshop drawings showing designs and details proposed for the Works, the Customer shall accept such drawings (amended as required) before JEB commences the Works.
8.9 In the event that during the course of the Works JEB discovers any undisclosed waste and/or hazardous materials then JEB reserves the right to halt all Works as per clause 6.2 and immediately notify the Customer. It shall be the responsibility of the Customer to arrange the removal of all such materials. JEB under no circumstances shall undertake the removal of asbestos.
8.10 The Customer acknowledges that JEB is only responsible for parts that are replaced by JEB and that in the event that other parts/Materials, subsequently fail, the Customer agrees to indemnify JEB against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising (including, but not limited to, loss of perishables, flooding and/or damage to clothing).
8.11 The Customer acknowledges and agree that where JEB has performed temporary repairs that:
(a) JEB offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(b) JEB will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair.
8.12 The Customer acknowledges and agrees that:
(a) JEB does not guarantee the performance or transmission speed or quality of any data; and
(b) transmission of data may be unavailable from time to time due to scheduled maintenance and/or upgrades to websites, servers or networks by third parties; and
(c) there are inherent hazards in electronic distribution (including, but not limited to electrical interference, surges or spikes, high traffic volume affecting speed, etc.) and as such JEB cannot warrant against delays or errors in transmitting data between the Customer and any person or entity the Customer conducts communications with including orders, and you agree that JEB will not be liable for any losses which the Customer suffers as a result of delays or errors in transmitting orders or other communications and/or documents.
8.13 The Customer acknowledges that Materials supplied may:
(a) fade or change colour over time; and
(b) expand, contract or distort as a result of exposure to heat, cold, weather; and
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.
8.14 JEB shall not be liable for any loss or damage caused in accessing the work area beyond reasonable control of JEB (including, without limitation, to ceiling tiles and panels, face brickwork and rendered masonry services) which JEB may have to break into or disturb in performance of the Works), unless due to the negligence of JEB.
8.15 JEB may at its discretion notify the Customer that it requires to store at the Worksite Materials, fittings and appliances, or plant and tools required for the Works, in which event the Customer shall supply JEB a safe area for storage and shall take all reasonable efforts to protect all items so stored from possible destruction, theft or damage. In the event that any such items are destroyed, stolen or damaged then the cost of repair or replacement shall be the Customer’s responsibility.
8.16 Unless otherwise agreed to, JEB’s responsibility to commissioning of the Works shall be limited to ensure the Works comply with any specification supplied by the Customer.
8.17 The Customer accepts that any claim made against JEB must be made within a period of ten (10) days from the event arising or such claim shall be waived if JEB is notified outside of this timeframe.
8.18 JEB shall not be held responsible for any damage to the Works caused by outside agents. Where the Customer requests JEB to repair such damage then JEB reserves the right to charge the Customer for any costs incurred in rectifying such damage.
9. Customer’s Responsibilities
9.1 It is the Customer’s responsibility to:
(a) have all areas clear to enable scheduled work to be completed in accordance with the schedule of installation; and
(b) make the premises available on the agreed date and time. If installation is interrupted by the failure of the Customer to adhere to the installation schedule agreed to between JEB and the Customer, any additional costs will be invoiced to the Customer as an extra; and
(c) remove all fragile items such as glassware, crockery, pot plants, furniture and ornaments. Breakages and damages are the responsibility of the Customer. All care taken but no responsibility accepted by JEB in this regard.
9.2 JEB is not insured to remove furniture or fittings and will not do so, nor is JEB licensed to move gas appliances.
10. Product Specifications
10.1 The Customer acknowledges that:
(a) all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in JEB’s or manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by JEB;
(b) while JEB may have provided information or figures to the Customer regarding the performance of the Materials, the Customer acknowledges that JEB has given these in good faith, and are estimates industry prescribed estimates under optimal operating conditions.
11. Access
11.1 The Customer shall ensure that JEB has clear and free access to the Worksite at all times to enable them to undertake the works. JEB shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of JEB.
11.2 It is the responsibility of the Customer to ensure that access is suitable to accept the weight of laden trucks, front end loaders or other earth moving/unloading equipment as may be deemed necessary by JEB.
12. Underground Locations
12.1 Unless otherwise agreed in writing between the Customer and JEB it shall be the Customer’s responsibility to advise the precise location of all underground services on the Worksite and clearly mark the same
12.2 If the Customer requests JEB to engage a service locator then this shall be in addition to the Price and “Dial Before You Dig” must be consulted and any potential underground services marked on the Worksite.
12.3 Whilst JEB will take all care to avoid damage to any underground services the Customer agrees to indemnify JEB in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified and notified as per clause 12.1.
Furthermore, the Customer shall indemnify JEB from all loss, costs or damages resulting from damage to any services that could not have been reasonably foreseen and were not disclosed at quotation stage such as services concealed from vision by hard surfaces.
13. Compliance with Laws
13.1 The Customer and JEB shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Works, including any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.
13.2 Both parties acknowledge and agree:
(a) to comply with the National Construction Code of Australia (NCC) and the Building Products (Safety) Act 2017, in respect of all workmanship and building products to be supplied during the course of the Works; and (b) that Works will be provided in accordance with any current relevant Australian/New Zealand Standards applicable.
13.3 Where the Customer has supplied products for JEB to complete the Works, the Customer acknowledges that it accepts responsibility for the suitability of purpose and use for their products and the Intended Use and any faults inherent in those products. However, if in JEB’s opinion, it is believed that the materials supplied are Non-Conforming products and will not conform with state and/or territory regulations, then JEB shall be entitled, without prejudice, to halt the Works until the appropriate conforming products are sourced and all costs associated with such a change to the plans and design will be invoiced in accordance with clause 5.3.
13.4 The Customer shall:
(a) be liable for any costs incurred by JEB due to the Customer’s failure to comply with clause 13.1; and
(b) obtain (at the expense of the Customer) all licenses and approvals that may be required for the Works.
13.5 All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations, applicable Act, and/or Codes of Practice. All of the cabling work will comply with the Australian and New Zealand Wiring standards.
13.6 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by JEB, then JEB shall notify the Customer immediately. The power if isolated will not be re-energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Customer accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be to the Customer’s account.
13.7 Any live work or Works undertaken near live conductors where it is safe to do so shall be dealt with in accordance with Australian and New Zealand Wiring standards being “Safe working on Low Voltage Electrical Installations, relevant Commonwealth and Statutory Acts and Work Place Regulations”. JEB’s live work procedures are designed to eliminate risk of injury to JEB’s employees, damage to the Customer’s installations and unexpected power disconnections. It may in some cases require disconnection and isolation of the installation to undertake such Works for which additional charges may be applicable. This shall be invoiced in accordance with clause 5.2.
14. Title
14.1 JEB and the Customer agree that ownership of the Materials shall not pass until:
(a) the Customer has paid JEB all amounts owing to JEB; and
(b) the Customer has met all of its other obligations to JEB.
14.2 Receipt by JEB of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
14.3 It is further agreed that until ownership of the Materials passes to the Customer in accordance with clause 14.1:
Just Electrical Berowra Pty Ltd – Terms & Conditions of Trade
Please note that a larger print version of these terms and conditions is available from JEB on request. © Copyright – EC Credit Control 1999 – 2020 – #39928
(a) the Customer is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to JEB on request.
(b) the Customer holds the benefit of the Customer’s insurance of the Materials on trust for JEB and must pay to JEB the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed.
(c) the production of these terms and conditions by JEB shall be sufficient evidence of JEB’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with JEB to make further enquiries.
(d) the Customer must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Materials then the Customer must hold the proceeds of any such  act on trust for JEB and must pay or deliver the proceeds to JEB on demand.
(e) the Customer should not convert or process the Materials or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of JEB and must sell, dispose of or return the resulting product to JEB as it so directs.
(f) unless the Materials have become fixtures the Customer irrevocably authorises JEB to enter any premises where JEB believes the Materials are kept and recover possession of the Materials.
(g) JEB may recover possession of any Materials in transit whether or not delivery has occurred.
(h) the Customer shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of JEB.
(i) JEB may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Customer.
15. Personal Property Securities Act 2009 (“PPSA”) 15.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
15.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a monetary obligation of the Customer to JEB for Works – that have previously been supplied and that will be supplied in the future by JEB to the Customer.
15.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which JEB may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 15.3(a)(i) or 15.3(a)(ii);
(b) indemnify, and upon demand reimburse, JEB for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of JEB; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of JEB;
(e) immediately advise JEB of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales.
15.4 JEB and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
15.5 The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
15.6 The Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
15.7 Unless otherwise agreed to in writing by JEB, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.
15.8 The Customer shall unconditionally ratify any actions taken by JEB under clauses 15.3 to 15.5.
15.9 Subject to any express provisions to the contrary (including those contained in this clause 15), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
16. Security and Charge
16.1 In consideration of JEB agreeing to supply the Materials, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
16.2 The Customer indemnifies JEB from and against all JEB’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising JEB’s rights under this clause.
16.3 The Customer irrevocably appoints JEB and each director of JEB as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 16 including, but not limited to, signing any document on the Customer’s behalf.
17. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
17.1 The Customer must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify JEB in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Customer must allow JEB to inspect the Materials or to review the Works provided. Warranty repairs will only be carried out if all financial obligations by the Customer has been fulfilled.
17.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
17.3 JEB acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
17.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, JEB makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works. JEB’s liability in respect of these warranties is limited to the fullest extent permitted by law.
17.5 If the Customer is a consumer within the meaning of the CCA, JEB’s liability is limited to the extent permitted by section 64A of Schedule 2.
17.6 If JEB is required to replace any Materials under this clause or the CCA, but is unable to do so, JEB may refund any money the Customer has paid for the Materials.
17.7 If JEB is required to rectify, re-supply, or pay the cost of resupplying the Works under this clause or the CCA, but is unable to do so, then JEB may refund any money the Customer has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Customer which were not defective.
17.8 If the Customer is not a consumer within the meaning of the CCA, JEB’s liability for any defect or damage in the Materials is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by JEB at JEB’s sole discretion;
(b) limited to any warranty to which JEB is entitled, if JEB did not manufacture the Materials;
(c) otherwise negated absolutely.
17.9 Subject to this clause 17, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 17.1; and
(b) JEB has agreed that the Materials are defective; and
(c) the Materials are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
(d) the Materials are returned in as close a condition to that in which they were delivered as is possible.
17.10 Notwithstanding clauses 17.1 to 17.9 but subject to the CCA, JEB shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Materials;
(b) the Customer using the Materials for any purpose other than that for which they were designed;
(c) the Customer continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Works by the Customer or any third party without JEB’s prior approval;
(e) the Customer failing to follow any instructions or guidelines provided by JEB;
(f) fair wear and tear, any accident, or act of God.
17.11 The Customer acknowledges and accepts that the following are excluded from any applicable warranty:
(a) batteries;
(b) fuses;
(c) filters;
(d) tubes;
(e) lamps; or
(f) faults by appliances; and
(g) product recalls.
17.12 In the case of second hand Materials, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second hand Materials prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by JEB as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that JEB has agreed to provide the Customer with the second hand Materials and calculated the Price of the second hand Materials in reliance of this clause 17.12.
17.13 JEB may in its absolute discretion accept non-defective Materials for return in which case JEB may require the
Customer to pay handling fees of up to thirty percent (30%) of the value of the returned Materials plus any freight costs.
17.14 Where JEB at its sole discretion, determines that a warranty repair or claim was not caused by JEB’s faulty workmanship, then the Customer shall be liable for all applicable charges for the rectification work and a call-out fee.
17.15 Any defects in the Materials or appearing in the Works after completion due to the Customer or any third party using any items that overloads the structure or system to which JEB’s Materials are installed or connected to, or by workmanship not performed by JEB, shall not be covered by any applicable warranty pertaining to the Materials.
17.16 Notwithstanding anything contained in this clause if JEB is required by a law to accept a return then JEB will only accept a return on the conditions imposed by that law.
18. Intellectual Property
18.1 Where JEB has designed, drawn, written plans or a schedule of Works, or created any products for the Customer, then the copyright in all such designs, drawings, documents, plans, schedules and products shall remain vested in JEB, and shall only be used by the Customer at JEB’s discretion. Under no circumstances may such designs, drawings and documents be used without the express written approval of JEB.
18.2 The Customer warrants that all designs, specifications or instructions given to JEB will not cause JEB to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify JEB against any action taken by a third party against JEB in respect of any such infringement.
19. Default and Consequences of Default 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at JEB’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
19.2 If the Customer owes JEB any money the Customer shall indemnify JEB from and against all costs and disbursements incurred by JEB in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, JEB’s contract default fee, and bank dishonour fees).
19.3 Further to any other rights or remedies JEB may have under this Contract, if a Customer has made payment to JEB, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by JEB under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.
19.4 Without prejudice to JEB’s other remedies at law JEB shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to JEB shall, whether or not due for payment, become immediately payable if:
(a) any money payable to JEB becomes overdue, or in JEB’s opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer has exceeded any applicable credit limit provided by JEB;
(c) the Customer becomes insolvent or bankrupt, convenes a  meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
20. Cancellation
20.1 Without prejudice to any other remedies JEB may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions JEB may suspend or terminate the supply of Works to the Customer. JEB will not be liable to the Customer for any loss or damage the Customer suffers because JEB has exercised its rights under this clause.
20.2 JEB may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are commenced by giving written notice to the Customer. On giving such notice JEB shall repay to the Customer any sums paid in respect of the Price, less any amounts owing by the Customer to JEB for Works already performed. JEB shall not be liable for any loss or damage whatsoever arising from such cancellation.
20.3 In the event that the Customer cancels the delivery of Works the Customer shall be liable for any and all loss incurred (whether direct or indirect) by JEB as a direct result of the cancellation (including, but not limited to, any loss of profits).
21. Privacy Policy
21.1 All emails, documents, images or other recorded information held or used by JEB is Personal Information, as defined and referred to in clause 21.3, and therefore considered Confidential Information. JEB acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a EuropeanEconomic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). JEB acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by JEB that may result in serious harm to the Customer, JEB will notify the Customer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Customer by written consent, unless subject to an operation of law.
21.2 Notwithstanding clause 21.1, privacy limitations will extend to JEB in respect of Cookies where the Customer utilises JEB’s website to make enquiries. JEB agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to JEB when JEB sends an email to the Customer, so JEB may collect and review that information (“collectively Personal Information”) If the Customer consents to JEB’s use of Cookies on JEB’s website and later wishes to withdraw that consent, the Customer may manage and control JEB’s privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.
21.3 The Customer agrees for JEB to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Customer in relation to credit provided by JEB.
21.4 The Customer agrees that JEB may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two
(2) years.
21.5 The Customer consents to JEB being given a consumer credit report to collect overdue payment on commercial credit.
21.6 The Customer agrees that personal credit information provided may be used and retained by JEB for the following purposes (and for other agreed purposes or required by):
(a) the provision of Works; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Works; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Works.
21.7 JEB may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
21.8 The information given to the CRB may include:
(a) Personal Information as outlined in 21.3 above;
(b) name of the credit provider and that JEB is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and JEB has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of JEB, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
21.9 The Customer shall have the right to request (by e-mail) from JEB:
(a) a copy of the Personal Information about the Customer retained by JEB and the right to request that JEB correct any incorrect Personal Information; and
(b) that JEB does not disclose any Personal Information about the Customer for the purpose of direct marketing.
21.10 JEB will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
21.11 The Customer can make a privacy complaint by contacting JEB via e-mail. JEB will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.
22. Building and Construction Industry Security of Payments Act 1999
22.1 At JEB’s sole discretion, if there are any disputes or claims for unpaid Materials and/or Works then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.
22.2 Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.
23. Service of Notices
23.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this Contract;
(c) by sending it by registered post to the address of the other party as stated in this Contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
(e) if sent by email to the other party’s last known email address.
23.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
24. Trusts
24.1 If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not JEB may have notice of the Trust, the Customer covenants with JEB as follows:
(a) the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
(b) the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.
(c) The Customer will not without consent in writing of JEB (JEB will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
(i) the removal, replacement or retirement of the Customer as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
25. General
25.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
25.2 These terms and conditions and any contract to which they apply shall be governed by the laws of new South Wales, the state in which JEB has its principal place of business, and are subject to the jurisdiction of the Hornsby Local Court in New South Wales.
25.3 Subject to clause 17, JEB shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by JEB of these terms and conditions (alternatively JEB’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
25.4 JEB may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.
25.5 The Customer cannot licence or assign without the written approval of JEB.
25.6 JEB may elect to subcontract out any part of the Works but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of JEB’s sub-contractors without the authority of JEB.
25.7 The Customer agrees that JEB may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for JEB to provide Works to the Customer.
25.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
25.9 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.

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