Terms & Conditions

STANDARD TERMS AND CONDITIONS

These Terms & Conditions apply to the sale, supply and installation of goods, information and services (‘Products’) by TT Technologies (the ‘Company’) To You (the ‘Customer’) and supersedes all previous Terms and Conditions.

  1. Specification Standard
    The Products delivered will be in accordance with the specification detailed in the Scope of Works/Specifications supplied.
  1. Variations to Scope of Works/Specifications
    Changes to the Scope of Works/Specifications at the Customer’s request after signing or by writing in an email will only be accepted at the Company’s discretion and will only take effect when agreed in writing and signed by a duly authorised signatory of the Customer.
  1. Additions
    Any additions to these Terms and Conditions shall be in writing and included as Special Conditions in the Scope of Works/Specifications. In the event of any inconsistency between these Terms & Conditions and any Special Conditions, the latter shall prevail.
  1. Validity of Quotations
    Quotations issued by the Company remains valid for thirty (30) days from date of issue, after this time the Company reserves the right to revise the quotation.
  1. Signing of Scope of Works/Specifications
    Any Scope of Works/Specifications document submitted to the Company for signature must be signed by a duly authorised signatory of the Customer.
  1. Payment Terms
    The Company’s payment terms are fourteen (14) days from date of invoice.
    A late payment administration fee of $90.00+GST per invoice will apply every 14 days past the due date.
    This fee is applicable in all instances and is additional to interest or recovery costs stipulated elsewhere in this document.       The full purchase price of the Product or Service and any additional charges will become immediately due and payable if the Customer takes or has taken against it any action or proceeding, whether voluntary or compulsory, which could result in the winding up of the Customer.
  1. Progress Claims
    The Company reserves the right to issue progress claim invoices as materials are supplied and certain services are completed and will issue a final invoice on finalisation of the work which is the subject of the quotation (less progress claims). Such progress claims will clearly define work completed or material made available. Payment is to be made by the Customer in accordance with these Terms and Conditions.
  1. Price Variation
    In the event of an increase in the cost to the Company of producing and installing the products, the price quoted will be subject to variations following acceptance of the order (unless a fixed price has been agreed between the Company and the Customer). This may arise from, but is not limited to, a variation in the weekly hours of work laid down under a relevant award or an increase in the cost of materials outside of the Company’s control.
  1. Force Majeure
    The Company shall not be responsible for the non-fulfilment of its obligations as a consequence of Acts of God, wars, whether declared or not, riots, civil unrest, equipment failure, acts, orders or requests of any Government or any other authority, strikes, lock-outs, accidents in manufacture and any other cause beyond the control of the Company.
  1. Cancellation
    Cancellation of an order accepted on the basis of these Terms and Conditions can only be made by mutual consent and on terms which indemnify the Company against all losses.
    If you are inside contract, cancellations are subject to early termination fees.
    If you are outside contract, a 30 day notice period applies, which is payable even if your Requested Date of Service Cancellation is earlier than 30 days.
    For more information please visit http://www.tttech.com.au
    If you wish to cancel your account immediately, your service/s will no longer be accessible once we process the request. The service/s will be suspended within 1 to 5 working days after the cancellation date.
    Your account will remain active and charges will continue as normal until your written cancellation notice is received and all outstanding amounts are finalised. Charges will continue if there are outstanding balances.
    Cancellation of services with outstanding invoices does not negate debt collection, credit reporting, service fees or any other associated fees.
  1. Execution
    The Customer acknowledges that its agents and employees may place orders for Products or Services with the Company and that it shall be bound by these Terms and Conditions irrespective of whether any such orders are unauthorised or fraudulent.
  1. GST and other Taxes
    • If the Company makes a taxable supply pursuant to A New Tax System (Goods and Taxation) Act 1999, except where indicated otherwise, the amount payable for the taxable supply will be expressed as a Goods and Services Tax (“GST’) exclusive amount.
    • The Customer is liable to pay for the taxable supply and must upon receiving a valid tax invoice, also pay any amount of GST that accrues in respect of the taxable supply at the name time as payment for the taxable supply is due.
    • In addition to the price of Goods and any other charges it is entitled to make to the Customer, the Company shall be entitled to charge the Customer the amount of any sales tax, goods and service tax, excise, value added or other tax, impost or duty payable by the Company in respect of the Goods whether or not included in the Company’s invoice.
  1. Interest
    Interest is payable on any amounts owing by the Customer from the due date of payment until the date that payment is received at a rate of 5% higher than the rate prescribed by the Penalty Interest Rate Act 1983 (Vic) calculated daily and compounded monthly.
  1. Recovery Costs
    The Customer shall pay all legal and administrative costs and expenses incurred by the Company, its legal advisers, mercantile agents and others in respect of overdue accounts or anything instituted or being considered against the Customer, whether for debt or otherwise.
  1. Jurisdiction
    These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Victoria and where appropriate the laws of the Commonwealth of Australia and the parties shall submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
  2. Validity
    If any covenant or obligations of these Terms and Conditions or Scope of Works/Specifications or the application thereof to any person or circumstances shall be or become invalid or unenforceable, the remaining covenants and obligations shall not be affected thereby and each covenant and obligation of these Standard Terms and Conditions shall be valid and enforceable to the fullest extent by law.
  1. Completion
    Completion Date is an estimate only, and no damages will arise if the Project is not completed by the Completion Date.
  1. Rise and Fall
    All quotations submitted are subject to rise and fall from the date of this quotation, based on the formula of the Victorian Electrical Contractors’ Federation.
  1. Hours of work
    Hours of work requiring access to the customer’s building are between 7:00 a.m. and 5:00 p.m. Monday to Friday. The quotation or work is based around work being carried out during these hours. Additional hours will be by negotiation and only when both party’s agree. Weekend, night and public holidays may incur an additional hourly loading.
    After hours Callout work for emergency break and fix repairs, telephone support or fault diagnosis and rectification will be charged at a minimum rate $400+GST for the first hour and then normal rates per subsequent hours thereafter.
    Public holiday hours Callout work for emergency break and fix repairs, telephone support or fault diagnosis and rectification will be charged at a minimum rate $500+GST for the first hour and then normal rates per subsequent hours thereafter. This fee will increase to $650+GST per hour as of the 1st of January 2018.
    These rates start at the time of the first phone call and cease when the company has returned to base or the telephone support has ceased.
  1. Detail
    The work detailed in the quotation covers all nominated points. It is the responsibility of the customer to ensure that the quotation meets with their and third party needs and any directions given to the Company. All additional work required for any reasons will be quoted and/or charged for accordingly.
  1. Safe working
    The customer warrants that: The premises will at all times be a safe working environment and (without limitation) shall not involve asbestos or similar hazards or any infectious or building diseases. Any areas known to or suspected of having asbestos or similar hazards or any infectious or building diseases will be brought to the Company’s attention prior to the commencement of any work and work will not commence till such hazards have been removed or made safe.
  1. Existing Equipment
    Where the work covers the continued use of existing equipment and/or cabling, The Company accepts no responsibility for any existing equipment and/or cabling, and any warranties that remain in place shall be the responsibility of the customer. The existing equipment and/or cabling will be checked at the time of commissioning and if any upgrade is required, the customer will be provided with a quotation to cover the cost of rectification.
  1. Concealment of cabling
    Conduit and/or ducting work may be required and will be discussed with the customer before commencement of these works. Should it be required or an alternative be needed then work will halt until a quotation has been prepared and approved for the variation.
  1. Power services
    The customer will arrange for any power required for equipment. This power will be ready two days prior to the completion of works to allow time for commissioning of connected equipment. Where the customer engages The Company for power works a suitably qualified and registered third party company will be engaged and charged accordingly.
  1. Communication services
    Any communications services required will be by the customers’ provider and will be arranged by the customer. If these services are provided by The Company they will be listed in the scope of works/specifications. Any communications services required will be ready two days prior to the completion of works to allow time for commissioning of connected equipment by the Company.
  1. Civil works
    No civil works have been allowed for and any such works shall be arranged by the customer to meet the needs of the Company

Current as of 31st December 2017

Prepared by Rothwell Lawyers Pty Ltd in association with ETREC