1. Definitions

1.1 Radi means Radi Pty Ltd T/A Radi Electrical, its successors and assigns or any person acting on behalf of and with the authority of Radi Pty Ltd T/A Radi Electrical.

1.2 Client means the person/s ordering the Works as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.

1.3 Works means all Works or Materials supplied by Radi to the Client at the Client’s request from time to time (where the context so permits the terms €˜Works’ or Materials shall be interchangeable for the other).

1.4 Price means the Price payable for the Works as agreed between Radi and the Client in accordance with clause 4 below.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Works.

2.2 These terms and conditions may only be amended with Radi’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Radi.

2.3 In the event that Radi is required to provide the Works urgently, that may require Radi’s staff to work outside normal business hours outside Monday to Friday 0700-1700 hrs (including but not limited to working, through lunch breaks, weekends and/or Public Holidays) then Radi reserves the right to charge the Client additional labour costs (penalty rates will apply), unless otherwise agreed between Radi and the Client.

3. Change in Control

3.1 The Client shall give Radi not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Radi as a result of the Client’s failure to comply with this clause.

4. Price and Payment

4.1 At Radi’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by Radi to the Client in respect of Works performed or Materials supplied; or

(b)  Radi’s Price at the date of delivery of the Works according to Radi’s current pricelist; or

(c)  Radi’s quoted Price (subject to clause 4.2) which shall be binding upon Radi provided that the Client shall accept Radi’s quotation in writing within thirty (30) days.

4.2       Radi reserves the right to change the Price:

(a)  if a variation to the Materials which are to be supplied is requested; or

(b)  if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or

(c)  where Services are requested outside normal working hours as per clause 2.3; or

(d)  where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to accessing the site, obscured building defects, safety considerations, removal of hazardous materials or tree roots, prerequisite work by any third party not being completed hard rock barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring in walls etc) which are only discovered on commencement of the Works; or

(e)  in the event of increases to Radi in the cost of labour or materials which are beyond Radi’s control.

4.3       The Price (unless otherwise stated in writing) does not include the costs of site preparation (including but not limited to removal of fences, concrete, core holes required through concrete slabs, footings or beams, removal of contaminated soil, additional excavations or excavations that may be required by Council, removal of roots, pipe, shale, rocks or other above or below ground obstructions, the connection or disconnection of underground or overhead services). Any additional costs will be borne by the Client and are in addition to the Price.

4.4       At Radi’s sole discretion a deposit may be required.

4.5       Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by Radi, which may be:

(a)  on completion of the Works; or

(b)  before delivery of the Works; or

(c)  by way of progress payments in accordance with Radi’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or

(d)  thirty (30) days following the date of the invoice which is posted to the Client’s address or address for notices;

(e)  the date specified on any invoice or other form as being the date for payment; or

(f)   failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Radi.

4.6       No allowance has been made in the Price for the deduction of retentions. In the event that retentions are made, Radi reserves the right to treat all retentions as placing the Client’s account into default.

4.7       Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and half percent (2.5%) of the Price), or by any other method as agreed to between the Client and Radi.

4.8       Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Radi an amount equal to any GST Radi must pay for any supply by Radi under this or any other agreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

5. Delivery of the Works

5.1       Subject to clause 5.2 it is Radi’s responsibility to ensure that the Works start as soon as it is reasonably possible.

5.2       The Works commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Radi claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond Radi’s control, including but not limited to any failure by the Client to:

(a)  make a selection; or

(b)  have the site ready for the Works; or

(c)  notify Radi that the site is ready.

5.3       Radi may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

5.4       Any time or date given by Radi to the Client is an estimate only. Radi shall not be liable for any loss or damage whatsoever due to failure by Radi to deliver the Works (or any part of them) promptly or at all, where due to circumstances beyond the reasonable control of Radi.

6. Risk

6.1       If Radi retains ownership of the Materials under clause 13 then;

(a)  where Radi is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either;

(i)   the Client or the Client’s nominated carrier takes possession of the Materials at Radi’s address; or

(ii) the Materials are delivered by Radi or Radi’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).

(b)  where Radi is to both supply and install Materials then Radi shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.

6.2       Notwithstanding the provisions of clause 6.1 if the Client specifically requests Radi to leave Materials outside Radi’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.

6.3       The Client acknowledges that in the event that Radi is requested by the Client to perform a temporary repair the Client accepts that the repair is temporary, therefore Radi can offer no guarantee against reoccurrence, effectiveness or further damage.

6.4       Where the Client has supplied Materials for Radi to complete the Works, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in the Materials. Radi shall not be responsible for any defects in the Works, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of Materials supplied by the Client.

6.5       The Client acknowledges that Radi is only responsible for parts that are replaced by Radi and that in the event that other parts/Materials, subsequently fail, the Client agrees to indemnify Radi against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising.

6.6       In the event that Radi discovers Asbestos/Hazardous Materials whilst undertaking any works Radi shall immediately advise the Client of the same and shall be entitled to suspend the works pending a risk assessment in relation to those materials. The Client shall be liable for all additional costs incurred by Radi (howsoever arising) as a result of the discovery of Asbestos/Hazardous Materials and/or any suspension of Works in relation thereto.

6.7       Where applicable as advised by Radi, the Client will notify the Client’s electricity distributor/retailer of the installation. The electricity distributor/retailer may then require the connection or replacement of the Client’s existing power meter, the cost of which shall be the Clients responsibility and is not included in any pricing specified under this agreement.

6.8       The Client acknowledges that they are responsible for arranging and paying for any inspections, including any overtime charges, and for any fees and charges related to the installation of the Works required under this contract, or the supply of electricity by an electrical distributor or any other third party.

6.9       Where existing customers will be affected by any power outage as a result of the Works, it is the Client’s responsibility to obtain the full consent of the other power users for Radi to proceed with the Works. The Client acknowledges and agrees that they shall be personally liable for supplying a generator to supply electricity to those affected customers and to indemnify Radi against any claim made by those customers (howsoever arising) in relation to the installation of the Materials and the provision of any related Works by Radi, except where such claim has arisen because of the negligence of Radi when providing the Works.

7. Specifications

7.1       The Client acknowledges that:

(a)  all descriptive specifications, illustrations, drawings, data, dimensions, weights, volume or efficiency ratings stated in Radi’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by Radi;

(b)  while Radi may have provided information or figures to the Client regarding the performance of the Goods, the Client acknowledges that Radi has given these in good faith. The efficiency may be less than estimated due to factors outside of Radi’s control.

7.2       The Client shall be responsible for ensuring that the Goods ordered are suitable for their intended use.

8. Installation

8.1       All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations.  All of the cabling work will comply with the Australian and New Zealand Wiring standards.

8.2       The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Materials once installed. If, for any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to roofing), Radi reasonably forms the opinion that the Client’s premises is not safe for the installation of Materials to proceed then Radi shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 5.2) until Radi is satisfied that it is safe for the installation to proceed.

8.3       It shall be the responsibility of the Client for the removal, relocation and/or replacement of any cables and/or poles belonging to any service provider if required for the Works.

8.4       The Client must be on site to supervise the marking out of the fence line, placement of boundary pegs and during the installation of the Works. If the Client fails to comply with this clause then Radi accepts no responsibility for installation decisions that need to be made by Radi in the Client’s absence.

8.5       The Client acknowledges that it is their responsibility to remove any existing fence (including existing footings), trees, vines and shrubs to allow Radi clear access along the proposed path of trenching prior to commencement of the Works by Radi, unless otherwise agreed in writing between Radi and the Client.

8.6       Radi will provide all traffic management or pedestrian control where required.

8.7       Radi will provide a temporary reinstatement to roadways, footpaths, pavements and driveways that have been removed during the installation process. The Client acknowledges that the reinstatement is only temporary and the Client shall be responsible for the permanent reinstatement of roadways or footpaths as advised by local and other public authorities within three (3) months.

9. Accuracy of Client’s Plans and Measurements

9.1       Radi shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, Radi accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.

9.2       In the event the Client gives information relating to measurements and quantities of the Materials required to complete the Works, it is the Client’s responsibility to verify the accuracy of the measurements and quantities, before the Client or Radi places an order based on these measurements and quantities. Radi accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause.

10. Access

10.1    The Client shall ensure that Radi has clear and free access to the work site at all times to enable them to undertake the Works. Radi shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Radi.

11. Underground Locations

11.1    Prior to Radi commencing any work the Client must advise Radi of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.

11.2    Whilst Radi will take all care to avoid damage to any underground services the Client agrees to indemnify Radi in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 11.1.

12. Compliance with Laws

12.1    The Client and Radi shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Works.

12.2    The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Works.

12.3    The Client agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.

13. Title

13.1    Radi and the Client agree that ownership of the Materials shall not pass until:

(a)  the Client has paid Radi all amounts owing to Radi; and

(b)  the Client has met all of its other obligations to Radi.

13.2    Receipt by Radi of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

13.3    It is further agreed that:

(a)  until ownership of the Materials passes to the Client in accordance with clause 13.1 that the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to Radi on request.

(b)  the Client holds the benefit of the Client’s insurance of the Materials on trust for Radi and must pay to Radi the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed.

(c)  the production of these terms and conditions by Radi shall be sufficient evidence of Radi’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with Radi to make further enquiries.

(d)  the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such act on trust for Radi and must pay or deliver the proceeds to Radi on demand.

(e)  the Client should not convert or process the Materials or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Radi and must sell, dispose of or return the resulting product to Radi as it so directs.

(f)   unless the Materials have become fixtures the Client irrevocably authorises Radi to enter any premises where Radi believes the Materials are kept and recover possession of the Materials.

(g)  Radi may recover possession of any Materials in transit whether or not delivery has occurred.

(h)  the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of Radi.

(i)   Radi may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Client.

14. Personal Property Securities Act 2009 (PPSA)

14.1    In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

14.2    Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials that have previously been supplied and that will be supplied in the future by Radi to the Client.

14.3    The Client undertakes to:

(a)  promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Radi may reasonably require to:

(i)   register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii)     correct a defect in a statement referred to in clause 14.3(a)(i) or 14.3(a)(ii);

(b)  indemnify, and upon demand reimburse, Radi for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;

(c)  not register a financing change statement in respect of a security interest without the prior written consent of Radi;

(d)  not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials in favour of a third party without the prior written consent of Radi; and

(e)  immediately advise Radi of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales.

14.4    Radi and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

14.5    The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

14.6    The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

14.7    Unless otherwise agreed to in writing by Radi, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.

14.8    The Client shall unconditionally ratify any actions taken by Radi under clauses 14.3 to 14.5.

14.9    Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

15. Security and Charge

15.1    In consideration of Radi agreeing to supply the Materials, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

15.2    The Client indemnifies Radi from and against all Radi’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Radi’s rights under this clause.

15.3    The Client irrevocably appoints Radi and each director of Radi as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 15including, but not limited to, signing any document on the Client’s behalf.

16. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

16.1    The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify Radi in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Radi to inspect the Materials or to review the Works provided.

16.2    Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

16.3    Radi acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

16.4    Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Radi makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works. Radi’s liability in respect of these warranties is limited to the fullest extent permitted by law.

16.5    If the Client is a consumer within the meaning of the CCA, Radi’s liability is limited to the extent permitted by section 64A of Schedule 2.

16.6    If Radi is required to replace any Materials under this clause or the CCA, but is unable to do so, Radi may refund any money the Client has paid for the Materials.

16.7    If Radi is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then Radi may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.

16.8    If the Client is not a consumer within the meaning of the CCA, Radi’s liability for any defect or damage in the Materials is:

(a)  limited to the value of any express warranty or warranty card provided to the Client by Radi at Radi’s sole discretion;

(b)  limited to any warranty to which Radi is entitled, if Radi did not manufacture the Materials;

(c)  otherwise negated absolutely.

16.9    Subject to this clause 16, returns will only be accepted provided that:

(a)  the Client has complied with the provisions of clause 16.1; and

(b)  Radi has agreed that the Materials are defective; and

(c)  the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and

(d)  the Materials are returned in as close a condition to that in which they were delivered as is possible.

16.10 Notwithstanding clauses 16.1 to 16.9 but subject to the CCA, Radi shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a)  the Client failing to properly maintain or store any Materials;

(b)  the Client using the Materials for any purpose other than that for which they were designed;

(c)  the Client continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d)  interference with the Works by the Client or any third party without Radi’s prior approval;

(e)  the Client failing to follow any instructions or guidelines provided by Radi;

(f)   fair wear and tear, any accident, or act of God.

16.11 Notwithstanding anything contained in this clause if Radi is required by a law to accept a return then Radi will only accept a return on the conditions imposed by that law.

17. Intellectual Property

17.1    Where Radi has designed, drawn, written plans or a schedule of Works, or created any products for the Client, then the copyright in all such designs, drawings, documents, plans, schedules and products shall remain vested in Radi, and shall only be used by the Client at Radi’s discretion.

17.2    The Client warrants that all designs, specifications or instructions given to Radi will not cause Radi to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Radi against any action taken by a third party against Radi in respect of any such infringement.

17.3    The Client agrees that Radi may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings, plans or products which Radi has created for the Client.

18. Default and Consequences of Default

18.1    Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Radi’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

18.2    If the Client owes Radi any money the Client shall indemnify Radi from and against all costs and disbursements incurred by Radi in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Radi’s contract default fee, and bank dishonour fees).

18.3    Without prejudice to any other remedies Radi may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Radi may suspend or terminate the supply of Works to the Client. Radi will not be liable to the Client for any loss or damage the Client suffers because Radi has exercised its rights under this clause.

18.4    Without prejudice to Radi’s other remedies at law Radi shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Radi shall, whether or not due for payment, become immediately payable if:

(a)  any money payable to Radi becomes overdue, or in Radi’s opinion the Client will be unable to make a payment when it falls due;

(b)  the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c)  a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

19. Cancellation

19.1    Radi may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are commenced by giving written notice to the Client. On giving such notice Radi shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to Radi for Works already performed. Radi shall not be liable for any loss or damage whatsoever arising from such cancellation.

19.2    In the event that the Client cancels the delivery of Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by Radi as a direct result of the cancellation (including, but not limited to, any loss of profits).

19.3    Cancellation of orders for products made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

20. Privacy Act 1988

20.1    The Client agrees for Radi to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by Radi.

20.2    The Client agrees that Radi may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a)  to assess an application by the Client; and/or

(b)  to notify other credit providers of a default by the Client; and/or

(c)  to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d)  to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.

20.3    The Client consents to Radi being given a consumer credit report to collect overdue payment on commercial credit.

20.4    The Client agrees that personal credit information provided may be used and retained by Radi for the following purposes (and for other agreed purposes or required by):

(a)  the provision of Works; and/or

(b)  analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or

(c)  processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d)  enabling the collection of amounts outstanding in relation to the Works.

20.5    Radi may give information about the Client to a CRB for the following purposes:

(a)  to obtain a consumer credit report;

(b)  allow the CRB to create or maintain a credit information file about the Client including credit history.

20.6    The information given to the CRB may include:

(a)  personal information as outlined in 20.1 above;

(b)  name of the credit provider and that Radi is a current credit provider to the Client;

(c)  whether the credit provider is a licensee;

(d)  type of consumer credit;

(e)  details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f)   advice of consumer credit defaults, overdue accounts, loan repayments or  outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Radi has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);

(g)  information that, in the opinion of Radi, the Client has committed a serious credit infringement;

(h)  advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

20.7    The Client shall have the right to request (by e-mail) from Radi:

(a)  a copy of the information about the Client retained by Radi and the right to request that Radi correct any incorrect information; and

(b)  that Radi does not disclose any personal information about the Client for the purpose of direct marketing.

20.8    Radi will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

20.9    The Client can make a privacy complaint by contacting Radi via e-mail. Radi will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

21. Unpaid Seller’s Rights

21.1    Where the Client has left any item with Radi for repair, modification, exchange or for Radi to perform any other service in relation to the item and Radi has not received or been tendered the whole of any monies owing to it by the Client, Radi shall have, until all monies owing to Radi are paid:

(a)  a lien on the item; and

(b)  the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

21.2    The lien of Radi shall continue despite the commencement of proceedings, or judgment for any monies owing to Radi having been obtained against the Client.

22. Building and Construction Industry Security of Payments Act 1999

22.1    At Radi’s sole discretion, if there are any disputes or claims for unpaid Materials and/or Works then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.

22.2    Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.

23. General

23.1    The failure by Radi to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Radi’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

23.2    These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which Radi has its principal place of business, and are subject to the jurisdiction of the Camden Courts in New South Wales.

23.3    Subject to clause 16 Radi shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Radi of these terms and conditions (alternatively Radi’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).

23.4    The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Radi nor to withhold payment of any invoice because part of that invoice is in dispute.

23.5    Radi may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

23.6    The Client agrees that Radi may amend these terms and conditions at any time. If Radi makes a change to these terms and conditions, then that change will take effect from the date on which Radi notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Radi to provide any Works to the Client.

23.7    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

23.8    The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.