Definitions

• Auburn Co. refers to Auburn Co. Electrical Services Pty Ltd, including its successors, assigns, or any person acting on behalf of and with the authority of Auburn Co. Electrical Services Pty Ltd.

• Client refers to the individual or entity purchasing the Goods, Services, or Advice as specified in any invoice, document, or order. If there is more than one Client, the term refers to each Client jointly and severally.

• Works refers to all Goods or Services provided by Auburn Co. Electrical Services Pty Ltd (including the supply of materials) to the Client at their request, including any advice or recommendations.

• Price refers to the amount payable for the Works as agreed between Auburn Co. and the Client.

Acceptance

The Client is considered to have accepted and is fully bound by these terms and conditions once they place an order for or accept Works from Auburn Co.

These terms and conditions may only be modified with the written consent of Auburn Co. and shall prevail over any other document or agreement between the Client and Auburn Co.

Price and Payment

The Price for the Works will be determined at Auburn Co.'s discretion and may be:

1. As indicated in any invoice provided by Auburn Co. to the Client; or

2. Auburn Co.'s quoted price, which will be valid for the period specified in the quotation or otherwise for up to thirty (30) days.

Auburn Co. reserves the right to adjust the Price under the following circumstances:

• If the Client requests a variation to the Works;

• If there are any variations to the Works or Services originally scheduled;

• If additional services are required due to unforeseen circumstances (e.g., safety concerns, site access issues, uncompleted prerequisite work, alterations to plans or designs, inclement weather, etc.)—such challenges may only become evident once the Works commence; or

• If there are increases in costs for labour or materials beyond Auburn Co.'s control.

Payment Terms:

• Commercial Clients: Payment is due within thirty (30) days from the date of the invoice.

• Residential Clients: Payment is due upon completion of the Works.

• Payment may also be subject to instalments or progress payments, depending on the nature of the Works and Auburn Co.'s discretion.

Payments can be made via cash, cheque, bank cheque, electronic banking, credit card (with a surcharge of up to 2.5% on card transactions), or another payment method mutually agreed upon by Auburn Co. and the Client.

Unless stated otherwise, the Price excludes GST. The final Price will include any applicable GST and other taxes or duties.

Delivery of Works

Auburn Co. will ensure that Works commence as soon as reasonably possible. However, the start date and project timeline may be extended due to delays caused by factors beyond Auburn Co.'s control, including but not limited to the Client's failure to:

• Make necessary selections or decisions;

• Ensure the site is prepared and ready for the Works to begin;

• Notify Auburn Co. that the site is ready to proceed.

The Works will be considered completed when Auburn Co. has carried out the Works in accordance with the contract, including the agreed-upon plans, specifications, and quote.

Any failure by Auburn Co. to meet the projected completion dates will not be grounds for terminating the contract, nor will it create any liability for Auburn Co. in respect of damages caused by delays.

The Client is required to accept delivery of the Works even if they are delayed, and Auburn Co. will not be liable for any loss or damage resulting from delays in delivery or commencement of Works.

If the Client fails to provide access to the premises at a scheduled time, Auburn Co. may charge the Client for any incurred costs, including lost profits.

The Client must ensure Auburn Co. has complete and free access to the site at all times for the duration of the Works. Auburn Co. will not be liable for any loss or damage to the site unless caused by Auburn Co.'s proven negligence.

Risk

The risk of damage to or loss of any materials or Works passes to the Client upon delivery. The Client is responsible for insuring the materials/Works as soon as delivery occurs or completion is reached.

If any materials are damaged before ownership passes to the Client, Auburn Co. is entitled to the insurance proceeds for such materials. These terms are considered sufficient evidence of Auburn Co.'s right to those proceeds.

If Auburn Co. delivers materials to an unattended location, the Client assumes full responsibility and ownership of the materials upon delivery, absolving Auburn Co. of any liability.

If asbestos or other toxic substances are discovered at the work site, the Client is responsible for their safe removal and agrees to indemnify Auburn Co. against any related costs. Auburn Co. will not handle or remove asbestos.

If Auburn Co. determines the work site is unsafe for the installation of Works, they may delay the commencement of the Works until safety is ensured. Should the site remain unsafe for more than seven (7) days following written notice from Auburn Co., Auburn Co. may withdraw from the Works without liability to the Client. Any completed Works up to that point will be invoiced and payable within 30 days.

Client-Provided Information

The Client warrants the accuracy of all plans, specifications, and information provided to Auburn Co. and takes full responsibility for any inaccuracies. Auburn Co. will not be liable for any loss, damages, or costs arising from incorrect or incomplete information provided by the Client.

It is the Client’s responsibility to verify measurements and quantities before Auburn Co. places an order based on this information.

Underground Services

The Client must notify Auburn Co. of the precise location of all underground services (e.g., electrical, gas, sewer, water, telephone, etc.) on the site prior to commencement of the Works.

The Client agrees to indemnify Auburn Co. against any liability, claims, loss, or damage resulting from damage to underground services that were not properly identified or marked by the Client.

Title

Ownership of any materials supplied by Auburn Co. will not pass to the Client until:

1. The Client has paid all amounts owing for those materials, and

2. The Client has met all other obligations under the contract.

Until full payment is received, Auburn Co. retains ownership and may require the return of materials or enter the Client’s premises to retrieve them. Payment by cheque or any form other than cash will not be considered complete until cleared.

Defects

The Client must inspect the Works upon delivery and notify Auburn Co. of any alleged defects, damage, or discrepancies within thirty (30) days. The Client must provide Auburn Co. with the opportunity to inspect the Works within seven (7) days of such notification. Failure to notify Auburn Co. within this timeframe will result in the Works being deemed free of defects.

If Auburn Co. agrees that the Works are defective, their liability will be limited to repairing or replacing the defective Works, at Auburn Co.'s discretion.

Returns

Auburn Co. may accept returns of materials at its discretion, with the Client potentially liable for a handling fee of up to 20% of the returned goods’ value, in addition to freight costs.

If required by law, Auburn Co. will accept returns in accordance with those legal requirements.

Intellectual Property

Any designs, plans, or schedules created by Auburn Co. remain the intellectual property of Auburn Co. and cannot be used by the Client except with Auburn Co.'s permission.

The Client warrants that any designs or instructions given to Auburn Co. will not infringe on third-party intellectual property rights.

Default & Consequences of Default

Interest on overdue invoices will accrue daily at a rate of 2.5% per calendar month, compounded monthly, until payment is received.

If the Client defaults on payment, they will indemnify Auburn Co. for all costs incurred in pursuing the debt, including legal fees and collection agency costs.

Auburn Co. may suspend or terminate the provision of Works under the Building and Construction Industry Security of Payments Act 2002 if the Client defaults on any obligations. Auburn Co. will not be liable for any loss or damage to the Client due to such actions.

If an account remains overdue for more than thirty (30) days, an administrative fee of the greater of $30.00 or 10% of the overdue amount (up to $300) will be levied and is immediately payable.

Auburn Co. reserves the right to cancel any outstanding orders if payment is overdue, or if the Client is unable to meet their obligations or becomes insolvent.

Compliance with Laws

Both Auburn Co. and the Client must comply with all relevant laws, regulations, and bylaws applicable to the Services. The Client is responsible for obtaining all necessary permits, licenses, and approvals for the Works.

Cancellation

Auburn Co. may cancel any contract or delivery of Goods at any time prior to delivery by providing written notice to the Client, with any monies paid by the Client being refunded.

If the Client cancels the delivery of Goods or Works, they will be liable for any loss suffered by Auburn Co. as a result of the cancellation.

Dispute Resolution

If a dispute arises, either party must send a written notice of dispute. Within fourteen (14) days of receiving this notice, both parties will meet to attempt resolution. If not resolved, the dispute may be referred to arbitration, conducted in accordance with the Institute of Arbitrators Australia’s rules.

Privacy Act 1988

The Client agrees that Auburn Co. may obtain credit reports and exchange information with other credit providers for the purpose of assessing the Client’s application for credit or managing overdue payments.

Auburn Co