General

These Standard Terms and Conditions of Sale (“the Conditions”) apply to any sale of items, equipment or services of ABC Electric Service Pty Ltd  or, where a quotation is made, shall form part of that quotation.

ABC Electric Service may vary the Conditions from time to time, and the Conditions as varied shall be published on the ABC ELECTRIC SERVICE  website. The purchaser agrees that the ordering of any goods or services after the publication of the variation of the Conditions on the website will be an acceptance by the purchaser of the varied Conditions.

No variation or cancellation of any of the Conditions shall be binding on ABC ELECTRIC SERVICE  unless agreed by a responsible officer of ABC ELECTRIC SERVICE  in writing. No agent or representative has the authority to waive or alter the Conditions.

The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or services with ABC ELECTRIC SERVICE  by telephone, email, in writing or by facsimile transmission.

Precedence

In the event of a conflict between the Conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, order or contract then the Conditions shall prevail unless they are expressly varied by ABC ELECTRIC SERVICE  in writing. If any Condition is contrary to or excluded by law then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so affected.

Acceptance

A quotation is not to be construed as an offer or obligation to sell and ABC ELECTRIC SERVICE  reserves the right to decline any order for goods or services (either wholly or partially) at any time prior to the delivery of the goods or services, in which case ABC ELECTRIC SERVICE  shall be under no obligation in respect of such order.

Prices

All prices are subject to change without notice and orders are accepted by ABC ELECTRIC SERVICE  on the condition that they will be invoiced at the prices ruling at the date of dispatch, but every endeavour will be made to give 30 days’ notice of any increase.

All prices shown in the published catalogues or price lists are recommended selling prices only and there is no obligation on the part of any reseller to maintain such prices.

A quotation includes only such goods as are specified therein. ABC ELECTRIC SERVICE  reserves the right to cancel any sale where goods offered ex stock have been previously sold or otherwise committed.

Terms Of Payment

The purchaser agrees to comply with the Conditions and payment for goods and services shall be made by the purchaser to ABC ELECTRIC SERVICE  thirty (30) days from the end of the month of purchase, unless otherwise agreed in writing by ABC ELECTRIC SERVICE .

Cancellation

Any order may, at the option of ABC ELECTRIC SERVICE , be terminated in the event of insolvency of the purchaser or of execution being levied against any of the goods of the purchaser or the purchaser being placed into administration or liquidation, whether voluntary or otherwise, or of a mortgagee entering into possession of any assets of the purchaser or the purchaser’s credit worthiness or credit standing alters, in the opinion of ABC ELECTRIC SERVICE , from that disclosed in its application for credit.

Variation

A variation or cancellation of any order by the purchaser is subject to acceptance by ABC ELECTRIC SERVICE  of such variation or cancellation and in the event of such agreement the purchaser hereby indemnifies ABC ELECTRIC SERVICE  against any loss or damage as a result of such variation or cancellation.

Warranties Limited

ABC ELECTRIC SERVICE  warrants that the goods it supplies shall be of good and merchantable quality and its liability shall be limited only to the repair or replacement of any faulty or defective goods in terms of the manufacturer’s warranty and ABC ELECTRIC SERVICE  does not, unless specifically required by law, give any warranty beyond the manufacturer’s warranty, and in no event shall ABC ELECTRIC SERVICE  be liable either under statute, in equity, in contract or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused in any way by such goods.