Terms and Conditions
These Terms and Conditions are a binding legal contract and apply to all written or verbal communication made by you and BRC. Please read these Terms and Conditions carefully as any orders or quotations placed with BRC Electrical Accessories PTY LTD ABN 66 613 552 819 (“we”, “our”, “us”, or “BRC”) constitutes agreement by the applicant or entity (“you”, “your” or “the Buyer”) to be bound by these Terms for any products and/or services (“Goods”) or quotations supplied by us. Any additional or different terms stipulated or stated by you in any communication with us (including order or quotation) are objected to and will not be bound by us unless agreed to in writing. No sales representative or employee is authorised by us to give any guarantee, warranty or representation in addition to, or contrary to these conditions. In any event, receipt of Goods by you (or another entity as you direct) upon delivery constitutes your agreement to be bound by these terms. We reserve the right to change these Terms and Conditions at any time and will give notification. It is your responsibility to review the amended Terms as they will apply to each order and quotation received after such notification.
1. PURCHASE ORDERS
1.1 Any order or quotation constitutes an offer by you to purchase Goods and/or services supplied by us on these terms. An order is placed when it is submitted to us.
1.2 We reserve the right to accept or reject any orders received in part or in whole.
1.3 Delivery of Goods constitutes notice of our acceptance of the order.
1.4 Any changes to an accepted order cannot be made without BRC first being notified and agreeing to such changes.
2. PRICING
2.1 All prices written and verbally given by us will exclude Goods & Services Tax (GST) unless otherwise stated. The Buyer must pay GST with no deduction or offset at the same time payment for the Goods is made.
2.2 All prices quoted by us and payments made to us will be in Australian Dollars (AUD) unless otherwise stated.
2.3 All prices do not include delivery or freight or administrative surcharges and we reserve the right to charge or waive such surchages depending on the total order value.
2.4 All prices are subject to change at any time without notice although we will aim to provide 30 days notice of any price increase.
3. QUOTATIONS
3.1 All quotations will state length of validity or will expire after 30 days if no validity date is specified.
3.2 We reserve the right to accept, revise or withdraw any quotation if there has been a change in circumstances affecting the quotation i.e. Goods no longer available when an order is made. A quotation does not constitute a binding offer or obiligation to sell.
4. PAYMENT
4.1 All invoices issued by BRC are due and payable within 30 days from the end of the month in which the Goods were purchased, unless stated otherwise.
4.2 We are not obligated to continue to supply Goods to you if you have outstanding balances and credit can be withdrawn without notice until all outstanding balances are paid.
4.3 All payments by cheque will only be deemed as paid once the cheque has cleared.
4.4 All expenses and costs including but not limited to debt collection agency fees and solicitor fees will be paid by the Buyer in the recovery of any oustanding amounts.
4.5 Legal action may commence when outstanding amounts are overdue beyond 90 days from end of month date and BRC reserves the right to list payment default against the Buyer if the Buyer fails to pay the account as it goes beyond the agreed trading terms.
4.6 BRC reserves the right to charge interest at the rate of 2% on all overdue balances calculated on a daily basis from the due date until such amount is paid.
4.7 If the Buyer disputes any charge on an invoice, the Buyer shall give written notice to BRC immediately upon receipt of invoice and shall pay as normal all other charges not in dispute, pending a review of the disputed charge.
5. TITLE AND PASSING OF RISK
5.1 BRC remains the title holder of the Goods and the Buyer is only a bailee until full payment has cleared for Goods supplied.
5.2 If the account has been terminated or if it is overdue and the Buyer cannot make payment, all unpaid Goods shall be returned to BRC in saleable condition at the expense of the Buyer.
5.3 All expenses and costs including but not limited to debt collection agency fees will be paid by the Buyer in the recovery or the attempted recovery of unpaid Goods from the Buyer’s premises if Goods have not been returned after written demand. BRC and its employees or agents will also have the right to enter the Buyer’s premesis or any other premesis where the Goods are known to be stored to reposses the unpaid Goods, and the Buyer will grant all reasonable access rights and BRC will be entitled to do all things required to repossess the Goods. Upon repossession of unpaid Goods, the Buyer will not have any action whatsoever against BRC for breach of contract or otherwise. BRC or its employees or agents will not be held liable for any claims of trespass, compensation or damage caused in the recovery of the unpaid Goods.
5.4 Risk in the Goods passes to the Buyer upon delivery of the Goods to an address as instructed by you, or delivery of the Goods into the custody and control of the Buyer, or collection by the Buyer or a courier.
6. DELIVERY
6.1 Delivery will be made to a physical street address you nominate and state on the Purchase Order for the Goods.
6.2 The Buyer will provide all necessary labour and equipment if required to unload the Goods at a reasonable access point for the address specified for delivery.
6.3 The Buyer will inspect the Goods immediately upon delivery and contact BRC within 7 days of delivery of any defects, short supply, error,s omissions or failure to follow the order or quotation. If the Buyer does not notify BRC within that time, the Buyer shall be deemed to have accepted the Goods in good order.
6.4 You, your employee or authorised person shall sign, date and print their full name on our delivery docket for the Goods upon delivery as proof of receipt.
6.5 If the nominated premises is unattended or if delivery cannot normally be made from any event out of our control, we will follow delivery instructions written by you but the risk of Goods will immediately be passed onto you when delivery has been made and we will not be responsible for any claims, damages, costs or expenses arising or resulting there from including any claim that the Goods were not delivered.
6.6 If requested by the Buyer, insurance for the Goods in transit shall be paid for by the Buyer.
6.7 If requested by the Buyer, any fee for additional unloading facilities upon delivery including a tail-lift truck to unload Goods, shall be paid for by the Buyer or BRC may waive the fee depending on the total order value.
6.8 Custom packing of an order required by the Buyer and any extra delivery charges incurred shall be paid for by the Buyer. We will not be held liable for any damage or loss of Goods caused by the custom packaging.
6.9 BRC will not be held liable for any loss or damage of the Goods in transit once despatched and accepted by a courier or transport company.
6.10 BRC will not be held liable for failure to supply Goods by an agreed time if there is any delay in delivery. Any delivery time given will be an estimate only.
7. PRODUCT WARRANTY
7.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if Goods fail to be of acceptable quality and the failure does not amount to a major failure.
7.2 BRC warrants that our products will be free from defects in workmanship and materials from the date of purchase for the length of the warranty.
7.3 BRC offers direct replacement warranty, but if the replacement products are obsolete or no longer available, the closest alternative will be supplied or credit may be requested if no suitable replacement is available.
7.4 The warranty does not cover removal or reinstallation of products believed to be defective and we are not liable for any labour costs related to Goods failure.
7.5 If a warranty claim is rejected after inspection of Goods, the Goods will be returned to the Buyer at the expense of the Buyer or can be forfeited to BRC.
7.6 Warranty is only valid for Goods installed by a competent electrician with a current Australian electrical licence. Goods cannot be modified or changed in any way from their intended use for a valid warranty claim.
7.7 The length of warranty for the Goods will either be presented on the packaging of the product, or on the BRC website (www.brcelectrical.com.au).
7.8 BRC reserves the right to reject any claim if the Goods have been incorrectly installed, misused, maliciously damaged, maliciously destroyed, affected by insect or vermin, normal wear and tear, power spikes and/or surges, or no fault can be found upon inspection by BRC.
7.9 A completed Goods Return Application (GRA) Form stating all relevant information for the return is required before Goods are returned. Once accepted, a Goods Return Number (GRN) will be generated and the Goods can be returned to BRC for inspection.
7.10 Custom made Goods or special orders for the Buyer may not be returned.
8. RETURNS
8.1 Goods that are unwanted or unable to be sold can be returned within 90 days. A completed GRA Form must be sent within 60 days of first receiving the Goods. Custom made Goods or special orders may not be returned.
8.2 All unwanted Goods must be in resaleable condition, unused, and in the original unsoiled packaging. Goods received in unsaleable condition may be rejected.
8.3 Freight of unwanted or unsold returns will be at the expense of the Buyer.
9. LIABILITIES
9.1 BRC will not be liable for any injury, direct or consquential damage, losses or any other expense from the misuse or incorrect installation and operation of the Goods.
9.2 BRC’s liability for any and all direct or indirect loss or damage to the Buyer for defect in the Goods or any other cause will be limited to the purchase price of the Goods to which such loss or damage is attributed.
9.3 BRC will not be liable for any lost profits or loss of opportunity suffered by the Buyer if any Goods cannot be supplied by BRC at any time including quotation or order or from a delay in delivery time.
10. CREDIT CHECK
10.1 The Buyer authorises BRC to obtain credit information about their personal, consumer and commercial credit worthiness from any bank or trade reference disclosed in the Credit Account Application Form, and from other credit provider or credit reporting agency for the purpose of accessing credit worthiness.
11. BREACH OF CONTRACT AND TERMINATION
11.1 If the Buyer breaches any clauses set out in this contract, the Buyer must remedy the breach within 14 days, otherwise BRC may terminate the contract.
11.2 If the Buyer becomes or will become bankrupt, insolvent, winds up business, BRC shall be entitled to:
11.2.1 Terminate the contract.
11.2.2 Sue for the recovery of all monies owing by the Buyer; and/or
11.2.3 Reposses any unpaid Goods as per clause 5.4, 5.5 of this contract.
11.2 BRC may also terminate the contract if it is found that Buyer has had their credit rating adversely affected since entering the contract or if their financial responsibility becomes unsatisfactory.
11.3 BRC will not be held liable for loss or damage the Buyer suffers or incurs as a result of the termination due to the Buyer’s act or omissions, including but not limited to any costs and expenditure incurred due to the termination.
11.4 Any outstanding balances, or any other monies owing hereunder, whether or not due under the terms of the contract, will immediately become due and payable once the contract is terminated.
12. DISPUTE RESOLUTION
12.1 If any dispute or claim comes from or in relation to the supply, price, invoicing, payment, quotation of Goods or the termination of contract, both parties agree to first attempt to co-operate with each other in an amicable manner in order to resolve the dispute or claim.
12.2 If a resolution cannot be reached within 14 days of the dispute, the parties may refer the dispute to mediation. A party will not commence arbitration or litigation, other than for urgent temporary but not final relief, unless it has first offered to submit the dispute to mediation.
12.3 If a claim or dispute about the supply, price, payment, delivery, return or exchange of Goods under these Terms and Conditions cannot be resolved by mediation, then that claim or dispute must be submitted for arbitration. Arbitration will be conducted using one arbitrator agreed by the parties, in accordance with the UNCITRAL Arbitration rules. The cost of arbitration will be shared equally by the parties, except where determined by the arbitrator.
13. CONFIDENTIALITY
13.1 The Buyer acknowledges that BRC are under no obligation to give the Buyer any proprietary or confidential information about BRC and that the Buyer will keep confidential such sensitive information, but not limited to price lists, trade secrets, or market research the Buyer acquires about BRC by any means.
13.2 The parties agree to keep strictly confidential any information or documentation disclosed in the course of, or for the purpose of, a mediation or arbitration resulting from a dispute or claim. Both parties will require all third parties, including the mediator or arbitrator, any witnesses, experts, representatives or others concerned, to execute and deliver to the mediator or arbitrator with a copy to the other party a deed of confidentiality prior to rendering any services in respect of the mediation or arbitration.
Privacy Policy
We do not share your information with any third party except as necessary for completion of services as authorized by you, or as required by law.
Under no conditions will we share your personal information with a third-party for the purpose of advertising or marketing services to you without your expressed approval.
INFORMATION CORRECTIONS OR CHANGES
You have the ability to correct or change certain information in our records, such as your address and contact information. You may change this information at any time and as often as necessary.
HOW WE USE YOUR PERSONAL INFORMATION
We may use information about you for purposes of monitoring and improving our internal operations, as well as to ensure we: (i) bill you properly, (ii) administer your account in accordance with your agreements with us, and (iii) properly perform the services you have requested.
We use the information we collect to monitor and improve our internal operations, as well as to improve the experience of users in our network of sites. For example, we may correlate Web site traffic information with data about individual users. This data helps us to determine how much our customers use parts of the site, allowing us to enhance it to fit the needs of as many of our customers as possible. We may also break down overall usage statistics according to customers' domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user's browser).
Another example of our use of information to enhance the experience of users in our network of sites is our reliance on cookie files. We use cookie files to make it easier for users to access our site or services. A cookie file is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited. However, the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above) when you register for our services. When you register, we may use a cookie to store a unique, random user ID. We use this ID to identify you anonymously in our database and to track the pages you visit on our site.
If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser; however, some of our sites may require a cookie for access.
Finally, we use the information we collect to direct important notices and information affecting your account or services, as well as to provide general information that may be of interest to you, including newsletters, announcements, and information about our service or product offerings. You may opt-out of receiving information from us simply by notifying us of your desire in accordance with the opt-out instructions contained in any information message you receive from us. Note, however, that in order to fulfill our service obligations to you, we must continue sending you notices and other important information affecting your account or services.
WITH WHOM WE MAY SHARE INFORMATION
We may share certain information about you with our vendors who are responsible for handling your account or performing other services that you require (including vendors who may update your credit card expiration date and credit card account number if you choose our auto-renew feature). Although we may share financial information (i.e., credit card numbers, banking information), security information (e.g., account passwords) and personal communications (e.g., personal e-mail messages or message board postings) with such vendors when necessary and appropriate, we will not share such information with any other third parties unless directed by you or except in response to formal requests in the form of a subpoena or court order issued in connection with civil or criminal proceedings related to a domain name registration or other services we provide, or in response to requests by law enforcement agencies when we suspect that you or your agent is using our services to cause harm or damage to us or others or adversely affect our ability to provide services to our customers.
OUR ACCOUNTABILITY TO YOU
By purchasing our products, you obtain the protections of, and consent to the data processing practices described in this Privacy Policy. When you purchase our products, you also represent to us that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us with regard to: (i) the purposes for which such third party's personal data have been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which of the third party's data are obligatory and which data, if any, are voluntary, and (iv) how the third party can access and, if necessary, rectify the data held about them.
In addition to the privacy protections that we provide, our employees, agents and business partners are independently responsible for ensuring compliance with this Privacy Policy, as described below.
EMPLOYEE ACCOUNTABILITY
Only those BRC Electrical Accessories employees that have a legitimate business purpose for accessing and handling personal information obtained by us are given authorization to do so. The unauthorized access or use of such information by a BRC Electrical Accessories employee is prohibited and constitutes grounds for disciplinary action. Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access.
THE ACCOUNTABILITY OF OUR AGENTS AND BUSINESS PARTNERS
Our trusted business partners, sub-contractors and service providers are responsible for processing or handling some of the information that we receive. These partners are not authorized to use such information for purposes beyond those specified by us and are required to preserve the confidentiality with which we treat such information.
If you feel that BRC Electrical Accessories or any of our agents, representatives or employees, is violating this Privacy Policy, please contact us.
NOTIFICATION OF CHANGES
We will post any changes to this Privacy Policy 30 days before their effective date so you will always know what information we collect and how it is used. You are responsible for periodically checking our web site for changes to this Privacy Policy.
If you have any questions regarding this Privacy Policy, please contact us.