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1.1 In these terms and conditions:
(a) “Company” means the entity stated in the Application for Credit and any related body corporate as defined in the Corporations Act 2001 (Cth) and its successors and assigns.
(b) “Customer” means the entity stated in the Application, its successors, and assigns.
(c) “Goods” means goods (as that term is defined under the PPSA) supplied to the Customer (including electrical components and equipment) and, where the context so permits, includes Services.
(d) “Services” means all services supplied to the Customer, including installation, maintenance, compliance testing, skilled labour supply, and any other services offered by the Company.
(e) “Governing State” means the State or Territory where the Company has its principal place of business.
(f) “PPSA” means the Personal Property Securities Act 2009 (Cth).
(g) “ROT security interest” means a retention of title security interest under a “conditional contract” as defined under the PPSA.
2.1 Delivery of Goods to the site specified by the Customer transfers the risk of loss or damage to the Customer upon delivery. The Customer must ensure all Goods are adequately insured once delivered.
2.2 For Goods delivered as part of on-site Services, risk passes to the Customer upon installation and acceptance of the Goods.
2.3 The Company will not be liable for delays in delivery or completion of Services caused by factors beyond its control, including but not limited to site readiness or adverse conditions.
2.4 Except as required by law, the Company is not obligated to accept the return of Goods or provide compensation for delays.
3.1 Title to all Goods remains with the Company until full payment is received.
3.2 The Customer must:
(a) Store Goods separately and in a manner that makes them identifiable as Company property.
(b) Allow the Company access to the premises for inspecting or retrieving unpaid Goods.
3.3 If Goods are sold or otherwise disposed of before payment, the Customer agrees to hold the proceeds in trust for the Company.
4.1 The Company warrants that all Services, including installations, comply with applicable Australian Standards (e.g., AS/NZS 3000), regulatory requirements, and site-specific safety plans.
4.2 The Customer agrees to provide accurate site information and ensure the site is accessible and safe for work.
5.1 The Company provides skilled labour to perform specific tasks as requested by the Customer.
5.2 The Customer acknowledges and agrees that:
(a) The Company’s employees, contractors, or representatives remain under the management and supervision of the Company while performing services.
(b) The Customer must provide a safe work environment, comply with all relevant workplace laws, and ensure necessary facilities and equipment are available to the workers.
(c) The Customer is responsible for site-specific inductions, safety briefings, or equipment required for task performance.
5.3 The Company reserves the right to withdraw or replace workers if:
(a) Safety concerns are identified;
(b) The tasks fall outside the agreed scope of work;
(c) The Customer breaches their obligations under this agreement.
5.4 The Company does not guarantee uninterrupted availability of labour due to unforeseen absences, illness, or other events affecting the workforce.
6.1 Variations to the scope of work must be agreed upon in writing. The Customer is responsible for any additional costs incurred as a result of scope changes or delays outside the Company’s control.
7.1 All work is subject to a 12-month defect liability period from the date of practical completion, during which the Company will rectify defects resulting from workmanship or materials supplied by the Company.
7.2 The defect liability period does not cover: (a) Misuse, improper maintenance, or alterations by the Customer. (b) Damage caused by external factors beyond the Company’s control.
8.1 Disputes regarding Goods or Services must be notified in writing within 14 days of the invoice date or completion of Services.
8.2 Both parties agree to attempt resolution through negotiation before pursuing formal legal action.
9.1 The Company assumes liability for its employees only to the extent required by law or as specified under this agreement. 9.2 The Customer indemnifies the Company for claims, losses, or damages arising from: (a) Unsafe or non-compliant site conditions; (b) Customer’s instructions leading to breach of safety regulations or worker injury; (c) Misuse of Company workers or assignment of unauthorised tasks.
10.1 The Customer must provide a safe and compliant work environment, including access to utilities and clearances. 10.2 The Company reserves the right to suspend work if safety risks are identified and not rectified promptly.
11.1 Payment terms require full settlement within the agreed period as stated on the invoice.
11.2 The Customer agrees to staged payments where specified, with retention amounts (if applicable) released upon completion and rectification of any defects.
11.3 Late payments incur interest at 15% per annum, and collection costs will be recoverable from the Customer.
12.1 Personal information collected will be handled in accordance with the Privacy Act 1988 (Cth) and used solely for business purposes, including managing accounts and services.
12.2 The Company may disclose information to service providers, insurers, and regulatory authorities as necessary.
13.1 These terms constitute the entire agreement between the Company and the Customer and supersede any prior agreements or understandings.
14.1 These terms are governed by the laws of the Governing State, and both parties submit to the non-exclusive jurisdiction of its courts.
Have a question or need assistance? The Aerco team is ready to provide the support you need. Get in touch, and we’ll respond promptly.
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