1.1. The Following terms and conditions apply to the ElectricalXpress website and by accessing this website and / or placing an order you are agreeing unless otherwise agreed in writing by you and us, and subject always to the requirements of relevant legislation, these conditions apply to all contracts of sale between you and us.
1.2. Your acceptance of the goods will be conclusive evidence that these conditions bind you and us.
1.3. Where we give you a quotation, these conditions apply, so far as the context permits, to any transaction conducted after you accept the quotation or you and we agree in writing variations to the quotation.
1.4. We may assign our rights under these conditions without your consent. You may not assign your rights under these conditions without our prior written consent.
1.5. A waiver by us of any of our rights under these conditions must be in writing and does not prejudice our rights in respect of any subsequent breach of these conditions by you. A failure or delay in enforcing a right under these conditions does not constitute a waiver.
1.6. Any provision of, or the application of any provision to, these conditions or a right, power, authority, discretion or remedy of a party under these conditions that is prohibited in any jurisdiction is ineffective only to the extent of that prohibition.
1.7. If any part of these conditions is or becomes void, illegal or unenforceable, that part will be severed from these conditions and does not affect the validity of the remaining provisions of these conditions.
1.8. We may vary these conditions at any time. You will be notified of any variations in writing.
These conditions, to the extent of any inconsistency, prevail over the provisions contained in any other agreement between the parties.
3. GOVERNING LAW
3.1. These conditions are governed by, and are to be construed in accordance with, the laws of the State of South Australia and the parties submit to the non- exclusive jurisdiction of the courts in that State.
3.2. Each and every contract of sale between the parties to which these conditions apply is made in the State of South Australia.
Where these conditions form part of a quotation:
4.1. Our quotation is not an offer. A contract of sale arises out of our acceptance of your order, and we reserve the right to reject any orders received.
4.2. Any delivery time quoted is an estimate only.
4.3. The quotation is, prior to receipt of acceptance, subject to alteration or withdrawal at any time by us in writing.
4.4. The quotation will only be valid for 30 days from its date.
4.5. Unless otherwise agreed in writing between you and us, the prices quoted do not include GST or any other Government imposts and charges which will be payable by you.
5. INFORMATION AND DRAWINGS
5.1. All descriptive specifications, illustrations, drawings, data, dimensions and weights given to you are approximate only, are intended to be general descriptions only, and do not form grounds for any claim against us.
5.2. Descriptions, illustrations and performances contained in catalogues, price lists, and other advertising matter do not form part of the contract of sale.
5.3. Where you supply specifications, drawings or other particulars, our quotation is calculated on estimates of quantities required. If adjustments to this estimate are necessary, the quotation will be adjusted proportionally.
6. SPECIAL BUY-IN GOODS ORDERED BY YOU
6.1. Where you order any item/s from us that we do not have in stock, such that we are required to order the item/s from a third party, that order is non-cancellable and you remain liable to pay for the item/s once you have made the order.
6.2. Where you wish to make a claim for a special buy-in item supplied to you by us, it is subject to clause 15.
7.1. If we elect to arrange delivery, it is at your cost and risk. However, if we elect in writing to assume responsibility for the transport of the goods, we shall at our option repair or replace free of charge any of the goods lost or damaged in transit to your site, provided we are given written notice of such loss or damage within 3 days of delivery or within such shorter time as to enable us to comply with the carrier’s conditions of carriage.
7.2. If Freight is calculated based on the following total Invoice Value of Goods purchased:
7.2.1. <$500 = $9.95 + GST
7.2.2. >$500 but < $750 = $19.95 + GST
7.2.3. >$750 but < $1000 = $24.95 + GST
7.2.4. >$1000 but <$1500 = $29.95 + GST
7.2.5. >$1500 = $34.95 + GST
7.3. We are not responsible for unloading the goods at your site.
7.4. Any delivery or completion dates or times stated are estimates only and we shall not be held liable for any consequences whatsoever, including loss and damage, for any delay, suspension or extension to such times.
7.5. Where applicable, delivery will be made in accordance with a written delivery schedule, mutually agreed with you at the time of placing the order.
7.6. Unless amendments to the delivery schedule are given by you in sufficient time to alter the production program and we have agreed such amendments in writing we reserve the right to continue to deliver according to schedule.
7.7. We are deemed to have delivered the goods if we obtain a receipt or signed delivery docket for the goods from any person at your site and payment is due accordingly.
7.8. You are deemed to have waived any claim for shortage of any goods delivered if such a claim has not been lodged with us within 3days from the date of delivery of the goods.
7.9. If you are unable to accept deliveries at your site, at your risk and expense, we may elect to either deliver the goods to your store (or any one of your stores, if you have more than one store) or place the goods in storage. In either event, delivery is deemed to have occurred at your site and payment is due in accordance with these conditions.
7.10. All charges relating to storage, insurance, handling, and subsequent delivery to your site or your store (or any one of your stores, if you have more than one store) will be charged directly to your account.
7.11. We may elect to supply goods in instalments and these conditions shall apply to each supply of goods by instalments as if each instalment constitutes supply under a separate agreement, and in particular, you will pay us for each instalment of goods so supplied irrespective of any failure or delay in the supply of any other instalment of goods.
7.12. We reserve the right to refuse to deliver any goods if you have any monies outstanding.
7.13. The freight charges listed do not apply to any orders Outside of Australia.
8.1. All Prices are Exclusive of GST (which is at the current rate of 10%). The total cost of your order is the price of all the products, plus any applicable delivery / packaging charges, plus GST
8.2. All prices and price lists are subject to change without notice and goods will be sold at prices applying on the date of invoice. Prices include packing in accordance with our standard practice. Any additional packing or packing material requested by you or deemed necessary by us will be charged for in addition to the price quoted.
8.3. ElectricalXpress aim is to be the first choice Online Electrical Wholesaler, supplying quality brand name products at very competitive pricing. You agree not to distribute, copy, reproduce or exploit our pricing to any third party
9. GST AND GOVERNMENT IMPOSTS
9.1. All Prices are Exclusive of GST (which is at the current rate of 10%). The total cost of your order is the price of all the products, plus any applicable delivery / packaging charges, plus GST
9.2. Any government imposts and charges which may be incurred, become payable or are claimed against us in respect of the goods or a transaction between you and us relating to the goods will be charged to your account and we are able to recover the amount from you on demand.
9.3. If the supply of any goods by us to you is a taxable supply for the purposes of the GST Law, then:
(a) you must pay to us the amount of GST payable in respect of those goods in addition to any amount or consideration otherwise payable for the goods; and
(b) provided we deliver a tax invoice to you in respect of the supply of the goods by us the amount of GST payable in respect of the goods is payable by you to us on demand.
10. TERMS OF PAYMENT
10.1. All prices quoted are strictly net and the purchase price of the goods shall be payable at time of order.
10.2. If we do not receive payment in accordance with clause 10.1 goods will not be despatched.
10.3. You may pay by cash, cheque, credit card, debit card, BPAY, EFTPOS, Internet banking, direct deposit or direct debit.
10.4. You may pay by Credit Card, Debit Card & PayPal.
10.5. You are deemed to have paid only when your payment is fully available and cleared in our bank account for us to use at our discretion.
11. CREDIT CARD FEE
11.1. We reserve the right (in our sole discretion) to charge a fee on payments (“fee”) made by, MasterCard, or Visa credit (“card”).
11.2. If we decide to introduce a fee other than or in addition to the fee described in this clause11, we will notify you in writing.
12. LIMITATION OF LIABILITY
12.1. These conditions do not, and no provision in these conditions will or purports to exclude, restrict or modify or have the effect of restricting, excluding or modifying:
(a) the application in relation to the supply of goods and/or services under the CCA;
(b) the exercise of any right conferred by any such provision; or
(c) any liability of us for breach of conditions or warranty implied by any such provision.
12.2. To the extent permitted by law, all express or implied conditions, warranties, representations or remedies relating to the provision of goods or services pursuant to these conditions are excluded.
12.3. If a law implies or imposes a condition or warranty which cannot be excluded but in respect of which liability can be limited, our liability to you for breach of that condition or warranty is limited to, at our option:
(a) in the case of goods:
(i) replacing the goods or supplying equivalent goods;
(ii) repairing the goods;
(iii) paying for the cost of replacing the goods or buying equivalent goods; or
(iv) paying for the cost or repairing the goods, and
(b) in the case of services:
(i) supplying the services again; or
(ii) paying for the cost of supplying the services again.
12.4. If you are not a consumer, our liability for any defect or damage in the goods is:
(a) limited to the value of any express warranty provided to you by us in our sole discretion;
(b) limited to any warranty to which we are entitled, if we did not manufacture the goods; or
(c) otherwise negated absolutely.
12.5. Subject to the CCA, we will not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) you failing to properly maintain or store any goods;
(b) you using the goods for any purpose other than that for which they were designed;
(c) you continuing the use of any goods after the defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) you failing to follow any instruction or guidelines provided by us;
(e) fair wear and tear; and/or
(f) any force majeure event.
12.6. In the case of second hand goods, unless you are a consumer, you acknowledge that you have had the opportunity to inspect the second hand goods prior to delivery and accept them with all faults and that to the extent permitted by law no warranty is given by us as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. You acknowledge and agree that we have agreed to provide you with second hand goods and calculated the price of the second hand goods in reliance on this clause.
12.7. If you are a consumer, and you wish to make a claim for damaged or defective goods under a warranty implied by law, you must:
(a) notify us in writing (by giving such notice to our registered office) of any defect or damage to goods, detailing how the goods are damaged within 2 days of receiving the goods; and
(b) bear the expense of claiming against any warranty (unless we must bear such expense by law, and in such case you must give us an itemised account of those expenses).
12.8. If you are a consumer, the benefits to you given by the statutory warranty under the CCA are in addition to other rights and remedies of yours under a law in relation to the goods to which the warranty relates.
12.9. If you are a consumer, our goods 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.
13. GOODS RETURNED FOR CREDIT
13.1. We will not consider a claim in relation to damaged goods or shortage of length, quantity or weight unless notified in writing within 3 days of delivery.
13.2. We may allow credit at our sole discretion, but in any event we will not accept goods for credit after the expiry of 30 days from the date of the original invoice relating to the goods to be returned.
13.3. “Special buy-ins” will be subject to the manufacturer’s and/or supplier’s conditions and fee structure.
13.4. We reserve the right to charge a restocking fee on goods accepted for credit.
13.5. In all cases of returning goods for credit, you must quote the original invoice or delivery docket and you must prepay return freight.
13.6. Goods returned for credit must be accompanied by the original invoice or delivery docket and must be in the original pack and in a completely resalable condition.
Where goods are supplied to you on credit, you irrevocably authorise us, our employees and our agents to make such enquiries as we deem necessary to investigate your credit worthiness from time to time, including the making of enquiries of persons nominated as trade referees, bankers or any other credit providers (“information sources”). By accepting these conditions, you authorise the information sources to disclose to us such information concerning you which is within your possession and which is requested by us.
15. FORCE MAJEURE
We are deemed not to be in default or breach of any contract or these conditions as a result of a force majeure event.
16. Newsletter / Subscription
You agree to receive emails, newsletters, and marketing material from ElectricalXpress offering specials, information and Industry news. You are able to unsubscribe at any time using the link embedded in all correspondence. .
The information you provide to ElectricalXpress you are guaranteeing that it is correct and you are the person / entity as stated and you are not impersonating another person or entity, using a false name or entity that you are not authorised to use.
18. What Happens If Something from My Order is Out-Of-Stock
If an item you’ve ordered has become out-of-stock, or unavailable, we will ship the items that are available and the item/s that is unavailable will be back ordered.
(If you do not wish to wait on the backordered items, please let us know and we will cancel the backorder and refund the monies for you on those items.) Contact Us
If the back-ordered item is not available to ship within 14 days, we will notify you, cancel the order and refund the monies. You will only be charged for the items that are shipped. Back-Ordered items are shipped FREE of charge.