JARJOURA GROUP STANDARD CONDITIONS OF SALE

JARJOURA GROUP STANDARD CONDITIONS OF SALE

1. Acceptance of Conditions

By placing an order or accepting a quote, the customer accepts the following conditions, which may be varied only in writing by Jarjoura Group Pty Ltd. Hereafter known as “Arrow Power”. Please be advised that placing this order or otherwise engaging Arrow Power to provide the Services, you agree that you are bound by these Terms. These terms and conditions will override any terms and conditions provided by the Customer

1.1 Taxation

In the event that at any time during the term of the contract any new or additional taxation is imposed which affects the cost of materials, services or labour associated with the works, or which may apply to the total invoiced costs, such increases shall be added to the contract sum.

1.2 Terms of Payment

Our Standard Terms of Payment are as follows:
1.2.1 Terms of Payment Short Term Projects
Notwithstanding that the company, Arrow Power may from time to time offer extended terms of payment, it reserves the right to require full payment of indebtedness within 7 days of the due date of invoice relating to the delivery of goods or provision or services.

1.2.2 Terms of Payment Long Term Projects
For installation works long term projects 1 month or more in duration progress claims are required: Monthly progress claims will be made and these will include:

  1. All fixed and unfixed materials at site
  2. Electrical switchboards designed specifically for this project
  3. Mains and sub mains cables
  4. All materials and other equipment stored off site because of delays in construction or unavailability of site access
  5. All approved variation works in progress. 80% of all unapproved variations of working in progress. In addition, initial progress claims will include up to 10% of the contract value for mobilisation, project setting up, commitment to initial procurement of materials and subcontract and other costs and obligations incurred at the commencement of the project.

For General Works: Monthly progress claims based on the following milestones: 20% on placement of order, 40% on completion of the rough in, 40% on completion of works and before certification is issued.

1.3 Interest When Accounts are Overdue

We reserve the right to charge interest monthly at a rate of 3% per month on the monthly balance form end of month goods supplied if account becomes overdue. Part payments shall be firstly applied against interest.

1.4 Recovery Costs Payable by the Customer

We reserve the right to charge all costs incurred or which may be incurred in recovering or attempting to recover any goods or amount owed by the customer, including any debt collectors commission and any solicitors costs and charges incurred in recovering or attempting to recover any amount owed by the customer.

Any part payment shall firstly be credited against interest then debt recovery charges.

1.5 Return of Goods

Credits will only be allowed if authorised by Arrow Power and at a value calculated by Arrow Power. Claims for credits must be made in writing within seven (7) days of delivery and invoice number and date quoted. Goods being returned are at the risk and cost of the customer at all times. Re stocking fees may apply.

NOTE: All invoices are issued pursuant to the Building & Construction Industry Section of Payment Act 1999

THE CONTRACT

2.0 Price Basis

The price is quoted on the condition that supplier items and major material items can be ordered, and stored either on site or off site with storage certificates issued and payment made for materials held in storage.

2.1 Rise and Fall

Unless specifically stated in our quotation, our quotations are based on the cost of labour and materials at the date of the quotation and are subject to price variation in accordance with the National Electrical Contractors Association (State Chapter NSW) Standard Price variation Formula.

2.2 Copper Variation

Due to the volatile price of copper and the international market our price associated with copper based product, but not limited to cable, has been supplies on the value quoted during the tender process. Should our tender offer prove of interest, any offer by us will be reviewed and fixed at the time of entering into any agreement.

2.3 Site Productivity Allowance

No allowances are made by Arrow Power in our quotations unless stipulated by Arrow Power in writing, for the payment of any special or Site allowances. If these are applicable on any sites that we are engaged on, we would require reimbursement of direct costs plus statutory, overhead and administration costs of twenty (20) percent.

2.4 Site Amenities and Ablutions

We have assumed that all site amenities and ablutions will be provided by others free of charge to our company, unless otherwise stated. Site amenities to include, but not limited to, meal room, toilets, cold running water, microwave and fridge.

2.5 Special Payments

Unless specifically stated in this quotation, no provision had been made for the payment of any special site agreement, award or disability allowances.

2.6 Site Inductions

Unless specifically stated in this quotation, no allowance has been made for any site inductions. These, where required, will be charged to the customer.

2.7 Currency Exchange Rates

Where imported equipment is involved, the above price is based on the exchange rate at the time of tendering. Should the actual exchange rate vary from the Base Exchange, then the component of imported goods included in the tender price quoted would be adjusted accordingly.

2.8 Liquidated Damages

Unless specifically stated on this quotation, we will not accept liquidated damages. Where acceptance of liquidated damages is specifically stated, these shall in any case be limited to a maximum of 1% of our Nett contract amount per week to an overall maximum of 5% of our Nett contract amount and shall only then be applied where the cause for such damages is directly applicable to actions in our part.

2.9 Confidentiality of Documents & Proprietary Information

Drawings, specifications and other information supplied by us as part of our tender shall be regarded as confidential, shall be used only for Technical Information, consisting of drawings, specifications, calculations

and design shall remain our property and must not be copied or disclosed to any third party unless authorised by us.

2.10 Consequential Loss Liability Limitation

Unless specifically stated otherwise in our quotation our liability for loss of production, loss of income, the opportunity to earn profits, the financial consequences of business interruption and indirect and consequential loss shall be limited to $1.00.

2.11 Title Risk of Loss

Title of goods, services and works undertaken by Arrow Power should not pass until full payment for the goods, services and work undertaken has been made by the purchaser. The purchaser hereby authorises and acknowledges that entry will be given to the premises where goods have been delivered, or installed arrangements will be made for us to regain possession of the goods, for which full payment has not been made.

2.12 Hazardous Materials

Unless specifically stated in this quotation, the quoted price is based on the assumption that the work for which this quotation is submitted will be executed in a hazardous material free environment. It is a strict condition of this quotation that the customer accepts full responsibility for the resolution of any problems and for delays and additional costs which may result from the presence of these materials in or about the site on which the works (or any part thereof) are to be performed. No allowance has been made for the classification or removal of contaminated spoil.

2.13 Work Site Access

We have based our offer on free and unrestricted access to all required work areas.

2.14 Excavated Works

  1. Excavation rates are based on OTR (other than rock). Unless expressly stated otherwise, the Quote and/or the Purchase Order, do not include any allowances for the excavation, hammering and/or blasting of Rock. If Arrow Power encounters Rock at the site, Arrow Power will charge you an additional fee for breaking and/or removing Rock, which fee is set out in the Fees Schedule, unless Arrow Power has agreed to an additional fee with you for breaking and/or removing Rock.

2.15 Live Work Clause

It is our strict policy to only undertake live work of work near live conductors where it is safe to do so, particular emphasis is placed on: Compliance with /NZA 4836:2001 “Safe working on Low Voltage Electrical Installations, relevant Commonwealth and State Statutory Acts and Work Place Regulations”. Our live work procedure is designed to eliminate risk or injury to our employees, damage to your installations and unexpected power disconnections. The above may require us to disconnect or isolate parts of the installation to undertake such work for which additional charges may be applicable.

2.16 Cancellation Fees

If work with a set start date is cancelled as per arranged and no alternative work can be undertaken at site then a charge for all materials committed to the job (on or off site) will be make as well as a charge for all man hours that are not able to be deployed at the agreed rate.

In the event of a delay on site where no alternative activities can be undertaken at site a charge will be made for all man hours committed to the work at the time of the delay where these are not able to be otherwise deployed.

2.27 Information and Drawings

All descriptive specifications, illustrations, drawings, dimensions, etc, furnished by us are approximate only and are intended to be by the way of general description of the goods and service and do not necessarily form

part of the contract unless specifically identified as such by us in writing.

2.28 Insurance

Arrow Power maintains adequate insurance that protects their property, in addition to the interests of Third Parties resulting from the negligence of Arrow Power. It will be purely at Arrow Power’s

discretion whether it assumes the responsibility based on commercial/business practice.

2.29 Non-solicitation

The customer/client agrees not to solicit or entice away from Arrow Power (or attempt to do so) any employee, consultant or customer of Arrow Power or engage any of Arrow Power’s

employees in any other capacity without prior notice and permission of Arrow Power

2.30 Breach of Contract

Arrow Power shall not be liable or deemed in breach of contract by reason of any delay in

performing, or any failure to perform any of the specified Works if the delay or failure was due to any cause beyond Arrow Powers’ control. Including but not limited to an act of god, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute.

2.31 Electrical Safety

Please note that if during the course of installation when works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by the Qualified Electrical Supervisor you will immediately be notified. 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 state regulations. All costs associated with rectification works including materials and labour shall be to the customer account. All works shall be notified to the chief electrical inspector as required.

2.32 Break-up of prices

The Break-up of prices quoted are submitted for the purpose of a guide only. Should any of the quoted figures be deleted from the contract, we reserve the right to revise the amount tendered.

2.33 Contract Conditions

We advise that prior to acceptance of an order for works, the conditions of this contract will be mutually agreed with our company.

3.0 Definitions

3.1 “Arrow” Shall mean Arrow Power, its successors or any person acting on behalf of and with

the authority of Arrow

3.2 “Client” Shall mean the Client (or any person acting on behalf of and with the authority of the Client) as

described on any quotation, work authorisation or other forms as provided by Arrow to the Client

3.3 “ Guarantor” Means that person (or persons), or entity, who agrees to be liable for the debts of the Client on

a principal debtor basis.

3.4 “Goods” Shall mean Goods supplied by Arrow to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Arrow to the Client

3.5 “Services” Shall mean all Services supplied by Arrow to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

3.6 “Price” Shall mean the price payable for the Goods and Services as agreed between Arrow and the Client in accordance with clause 1.2 and 1.3 of this contract.

4.0 PRIVACY STATEMENT

All ‘personal information’ (as defined in the Privacy Act 1988 supplied by the customer (including any Credit information) will by used by Arrow Power for the purpose of processing this Credit Application and, subject to approval of the Application, will be used to administer the Trading Account (‘primary purpose’). Personal information will not be disclosed to third parties unless this is consistent with the primary purpose or the disclosure is required or authorised by law. For the purpose of enforcing its rights under this Agreement, Arrow Power may at times be required to disclose personal information to third parties such as debt collection agencies and legal providers

5.0 Exclusions

Unless otherwise stated all quotes exclude the following: EWP, Excludes Core Hole Drilling, Excludes Site Service Locating, Excludes Excavation & Earthworks, Excludes Generator Supply During Supply Cut Over, Excludes Galvanised Steel Top Hat, Excludes Conduit, Excludes Labels, Excludes Cable Pits, Excludes Any Metering Works Including But Not Limited To: – Meters, CT’s, Metering Panel Enclosures etc.