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FAULDINGS ELECTRICAL & SOUND SERVICE LTD standard terms and conditions of trade

1 – DEFINITIONS
1.1 “FAULDINGS ELECTRICAL & SOUND SERVICE LTD” trading Fauldings Electrical Service LTD
1.2 “FAULDINGS ELECTRICAL & SOUND SERVICE LTD” Shall mean Fauldings, FAULDINGS Electrical Services, Faulding Sound or any agents or employees thereof.
1.3 “Customer” Shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from FAULDINGS ELECTRICAL & SOUND SERVICES LTD.
1.4 “Products” Shall mean:
1.5.1 All products supplied by FAULDINGS ELECTRICAL & SOUND SERVICES LTD to the Customer, and
1.5.2 All inventory of the Customer that is supplied by FAULDINGS ELECTRICAL & SOUND SERVICES LTD and
1.5.3 All products supplied by FAULDINGS ELECTRICAL & SOUND SERVICES LTD and further identified in any invoice issued by FAULDINGS ELECTRICAL & SOUND SERVICES LTD to the Customer, which invoices are deemed to be incorporated into and form part of this agreement, and
1.5.4 All products that are marked as having been, supplied by FAULDINGS ELECTRICAL & SOUND SERVICES LTD or that are stored by the Customer in a manner that enables them to be identified as having been supplied by FAULDINGS ELECTRICAL & SOUND SERVICES LTD, and
1.5.5 All of the Customer’s present and after-acquired Products that FAULDINGS ELECTRICAL & SOUND SERVICES LTD has performed work on or to in which goods or materials supplied or financed by FAULDINGS ELECTRICAL & SOUND SERVICES LTD have been attached or incorporated.
1.5.6 The above descriptions may overlap but each is independent of and does not limit the others.
1.6 “Products and Services” Shall mean all products, goods, services and advice provided by FAULDINGS ELECTRICAL & SOUND SERVICES LTD to the Customer and shall include without limitation all electrical, lighting, heating and security products and services and all charges for labor, hire charges, insurance charges or any fee or charge associated with the supply of products and services by FAULDINGS ELECTRICAL & SOUND SERVICES LTD to the Customer.
1.7 “Price” Shall mean the cost of the products and services as agreed between FAULDINGS ELECTRICAL & SOUND SERVICES LTD and the Customer and includes all disbursements e.g. charges FAULDINGS ELECTRICAL & SOUND SERVICES LTD pay to others on the Customer’s behalf subject to clause 4 of this contract.

2 - ACCEPTANCE
2.1 Any instructions received by FAULDINGS ELECTRICAL & SOUND SERVICES LTD from the Customer for the supply of products and services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

3 - COLLECTION AND USE OF INFORMATION
3.1 The Customer authorizes FAULDINGS ELECTRICAL & SOUND SERVICES LTD to collect, retain and use any information about the Customer, for the purposes of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products and Services provided by FAULDINGS ELECTRICAL & SOUND SERVICES LTD.
3.2 The Customer authorizes FAULDINGS ELECTRICAL & SOUND SERVICES LTD to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

4 - PRICE
4.1 Where no price is stated in writing or agreed to orally the products and services shall be deemed to be sold at the current amount as such products and services are sold by FAULDINGS ELECTRICAL & SOUND SERVICES LTD at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the product and services that is beyond the control of FAULDINGS ELECTRICAL & SOUND SERVICES LTD between the date of the contract and delivery of the products and services.

5 - PAYMENT
5.1 Payment for products and services shall be made in full within fourteen (14) days of the date of the invoice (the due date) unless stated otherwise.
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by FAULDINGS ELECTRICAL & SOUND SERVICES LTD in the enforcement of any rights contained in this contract shall be paid by the Customer, including and reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 If the Customer fails to make payment on the due date then without prejudice to any of FAULDINGS ELECTRICAL & SOUND SERVICES LTD other rights FAULDINGS ELECTRICAL & SOUND SERVICES LTD may suspend or cancel deliveries of any other products and services to the Customer.

6 – QUOTATIONS / ESTIMATES
No quotation / estimates given by FAULDINGS ELECTRICAL & SOUND SERVICES LTD for products and services shall be valid unless it is recorded in writing and is signed for and on behalf of FAULDINGS ELECTRICAL & SOUND SERVICES LTD
6.1 Where a quotation / estimate is given by FAULDINGS ELECTRICAL & SOUND SERVICES LTD for products and services:
6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue
6.1.2 The quotation / estimate shall be exclusive of goods and services tax unless specifically stated to the contrary
6.1.3 FAULDINGS ELECTRICAL & SOUND SERVICES LTD reserve the right to alter the quotation / estimate at any time because of circumstances beyond its control.
6.2 Where Products and Services are required in addition to the quotation / estimates the Customer agrees to pay for the additional cost of such Products and Services.

7 - RISK
7.1 The products and Services remain at FAULDINGS ELECTRICAL & SOUND SERVICES LTD risk until delivery to the Customer.
7.2 Delivery of Products and Services shall be deemed complete when FAULDINGS ELECTRICAL & SOUND SERVICES LTD gives possession of the products and Services directly to the Customer or possession of the products and services is given to a carrier, courier, or other Bailee for purposes of transmission to the Customer.

8 - TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1 Title in any Products and services supplied by FAULDINGS ELECTRICAL & SOUND SERVICES LTD passes to the Customer only when the Customer has made payment in full for all Products and Services provided by FAULDINGS ELECTRICAL & SOUND SERVICES LTD and of all other sums due to FAULDINGS ELECTRICAL & SOUND SERVICES LTD by the Customer on any account whatsoever. Until all sums due to FAULDINGS ELECTRICAL & SOUND SERVICES LTD by the Customer have been paid in full, FAULDINGS ELECTRICAL & SOUND SERVICES LTD has a security interest in all
Products and Services.
8.2 If the Products and Services are attached, fixed or incorporated into any property of the Customer, by the way of any manufacturing or assembly process by the Customer or any third party, title in the Products and Services shall remain with FAULDINGS ELECTRICAL & SOUND SERVICES LTD until the Customer has made payment for all products and services, and where those Products and Services are mixed with other property so as to be part of a constituent of any Products and Services, title to these new products and Services shall be deemed to be assigned to FAULDINGS ELECTRICAL & SOUND SERVICES LTD as security for the full satisfaction by the Customer of the full amount owning between FAULDINGS ELECTRICAL & SOUND SERVICES LTD and the Customer.
8.3 The Customer gives irrevocable authority to FAULDINGS ELECTRICAL & SOUND SERVICES LTD to enter any premises occupied by the Customer or on which products and services are situated at any reasonable time after default by the Customer or before default if FAULDINGS ELECTRICAL & SOUND SERVICES LTD believes a default is likely and to remove and repossess any Product and Services and any other property to which Products and Services are attached or in which Products and services are incorporated. FAULDINGS ELECTRICAL & SOUND SERVICES LTD shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort otherwise in any way whatsoever unless by statute such liability cannot be excluded. FAULDINGS ELECTRICAL & SOUND SERVICES LTD may either resell any repossessed products and services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and Services and credit the Customer’s account with the invoice value thereof less such sum as FAULDINGS ELECTRICAL & SOUND SERVICES LTD reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4When Products and Services are retained by FAULDINGS ELECTRICAL & SOUND SERVICES LTD pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
8.5 The Customer:
(a) Agrees that nothing in sections 114 (1)(a) or 117(1)(c) , 133 and 134 of the PPSA will apply to this agreement, or the security under this agreement.
(b) Waives the Customers rights contained in section 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
8.5 The Following shall constitute defaults by the Customer:
8.5.1 Non Payment of any sum by the due date
8.5.2 The Customer intimates that it will not pay any sum by the due date.
8.5.3 Any Products and Services are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Products and Services.
8.5.4 Any Products and Services in the possession of the Customer are materially damaged while any sum due from the Customer to FAULDINGS ELECTRICAL & SOUND SERVICES LTD remains unpaid.
8.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customers assets or a landlord distrains against any of the Customers assets.
8.5.6 A court judgement is entered against the Customer and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Customer.
8.5.8 The Customer changes or proposes to change its name without first notifying FAULDINGS ELECTRICAL & SOUND SERVICES LTD of the new name not less than 7 days before the change takes effect.
8.6 Where the company has the rights in addition to those in Part 9 of the PPSA, the Buyer agrees that those rights shall continue to apply and in particular will not be limited by section 109 of the PPSA.

9. - SECURITY INTEREST FOR SERVICE PROVIDERS
9.1 The Customer gives FAULDINGS ELECTRICAL & SOUND SERVICES LTD a security interest in all of the Customers present and after acquired property that FAULDINGS ELECTRICAL & SOUND SERVICES LTD has performed services on or to or in which or materials supplied or financed by FAULDINGS ELECTRICAL & SOUND SERVICES LTD have been attached or incorporated.
9.2 On the request of FAULDINGS ELECTRICAL & SOUND SERVICES LTD the Customer shall promptly execute any documents and do anything else required by FAULDINGS ELECTRICAL & SOUND SERVICES LTD to ensure that the security interest created under this Agreement constitutes a first ranking perfected security interest over the property and their proceeds including providing any information FAULDINGS ELECTRICAL & SOUND SERVICES LTD reasonably requires to complete financing statement of financing change statement. The Customer waives any right to receive a copy of a verification statement under the Act.
9.3 The Customer will pay to FAULDINGS ELECTRICAL & SOUND SERVICES LTD all costs, expenses and other charges incurred, expended or payable by FAULDINGS ELECTRICAL & SOUND SERVICES LTD in relation to the filing of a financing statement or a charge statement in connection with these terms and conditions.

10 - PAYMENT ALLOCATION
10.1 FAULDINGS ELECTRICAL & SOUND SERVICES LTD may in its discretion allocate any payment received from the Customer towards any invoice that FAULDINGS ELECTRICAL & SOUND SERVICES LTD determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by FAULDINGS ELECTRICAL & SOUND SERVICES LTD, payment shall be deemed to be allocated in such manner as preserves the maximum value of FAULDINGS ELECTRICAL & SOUND SERVICES LTD’s purchase money security interest in the Products and Services.

11 - LIABILITY
11.1 The Customer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon FAULDINGS ELECTRICAL & SOUND SERVICES LTD which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed in FAULDINGS ELECTRICAL & SOUND SERVICES LTD, FAULDINGS ELECTRICAL & SOUND SERVICES LTD’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
11.2 Expect as otherwise provided by clause 11.1 FAULDINGS ELECTRICAL & SOUND SERVICES LTD shall not be liable for:
11.2.1 Any loss or damage of any kind whatsoever, arising from the supply or Products and Services by FAULDINGS ELECTRICAL & SOUND SERVICES LTD to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and Services provided by FAULDINGS ELECTRICAL & SOUND SERVICES LTD to the Customer, and
11.2.2 The Customer shall indemnify FAULDINGS ELECTRICAL & SOUND SERVICES LTD against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing or this clause whether caused or arising as a result of the negligence of FAULDINGS ELECTRICAL & SOUND SERVICES LTD or otherwise, brought by any person in connection with any matter, act, omission or error by FAULDINGS ELECTRICAL & SOUND SERVICES LTD its agents or employees in connection with the Products and Services.
11.3 FAULDINGS ELECTRICAL & SOUND SERVICES LTD Shall not be held responsible for any financial losses arising from disconnection of any services.

12 - WARRANTY
12.1 Manufacturer’s warranty applies where applicable.
12.2 Any warranty that FAULDINGS ELECTRICAL & SOUND SERVICES LTD provide to the Customer will also form part of these terms and conditions of trade.
12.3 No representation, undertaking or warranty made by FAULDINGS ELECTRICAL & SOUND SERVICES LTD or any agent or representative to the Customer shall be of any effect or apply to any contract between FAULDINGS ELECTRICAL & SOUND SERVICES LTD and the Customer unless recorded in writing and signed by both parties.
12.4.1 FAULDINGS ELECTRICAL & SOUND SERVICES LTD’s Guarantee is valid for a period of 12 months on completion of work AND
12.4.2 The works have not been modified or tampered with AND
12.4.3 The installation has been used correctly and associated fittings have been used for their intended purposes.
12.5 Customer supplied fittings are not guaranteed by FAULDINGS ELECTRICAL & SOUND SERVICES LTD, The customer will be responsible for any costs if repair/replacement if such fittings are found to be the cause of defects.

13 - COPYRIGHT AND INTELLECTUAL PROPERTY
13.1 FAULDINGS ELECTRICAL & SOUND SERVICES LTD, owns and has copyright in all products, work, designs, specifications, documents and software produced by FAULDINGS ELECTRICAL & SOUND SERVICES LTD in connection with the Products and Services provided pursuant to this contract and the Customer may use the Products and Services only if paid for in full and for the purposes for which they were intended and supplied by FAULDINGS ELECTRICAL & SOUND SERVICES LTD.

14 - CONSUMER GUARANTEE ACT
14.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products and Services from FAULDINGS ELECTRICAL & SOUND SERVICES LTD for the purposes of a business in terms of section 2 and 43 of that Act.

16 - PERSONAL GUARANTEE OR COMPANY DIRECTORS OR TRUSTEES
16.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for FAULDINGS ELECTRICAL & SOUND SERVICES LTD agreeing to supply Products and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to FAULDINGS ELECTRICAL & SOUND SERVICES LTD the payment of any and all monies now or hereafter owed by the Customer to FAULDINGS ELECTRICAL & SOUND SERVICES LTD and indemnify FAULDINGS ELECTRICAL & SOUND SERVICES LTD against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.

17 - MISCELLANEOUS
17.1 FAULDINGS ELECTRICAL & SOUND SERVICES LTD shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
17.2 Failure by FAULDINGS ELECTRICAL & SOUND SERVICES LTD to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights of obligations FAULDINGS ELECTRICAL & SOUND SERVICES LTD has under this contract.
17.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.4 If any part of an existing electrical installation FAULDINGS ELECTRICAL & SOUND SERVICES LTD is found to be unsafe or non-compliant with AS/NZS3000:2007, FAULDINGS ELECTRICAL & SOUND SERVICES LTD reserves the right to disconnect affected services as required. The customer will be contacted via fastest contact method where possible to advise of any issues.