1. 'Contract' means these standard trading terms and conditions of sale (which applies to each and every Quotation and/or Order) and includes any Quotation and Order
2. 'Voltex Electrical' means the Australian company Voltex Holdings Pty Ltd (ACN 633 504 131) and its subsidiaries Voltex Electrical Accessories Pty Ltd (ABN 81 097 390 933) and Voltex Electrical Ltd (NZBN 4314138) which supply the Customer from time to time.
3. 'Customer' means the entity to which Voltex Electrical enters into a Contract for the sale of Goods.
4. 'Force Majeure Event' means an event or cause beyond the control of a party, including an act of God, lightning, storm, flood, earthquake, fire, explosion, war, terrorism, pandemic or epidemic, government direction or order, expropriation, prohibition, intervention, direction or embargo.
5. 'Goods' means the goods described in the Quotation or Order and includes replacement goods.
6. 'Order' means a written or verbal order provided by the Customer to Voltex Electrical.
7. 'Quotation' means a written or verbal quotation provided by Voltex Electrical to the Customer.

1. Voltex Electrical will provide a Quotation to the Customer. If accepted by the Customer, the Customer will submit an Order.
2. Voltex Electrical reserves the right to accept Orders in whole or in part and once accepted by Voltex Electrical, the Orders for Goods will be binding upon Voltex Electrical and the Customer.
3. Once Voltex Electrical has accepted an Order, the Customer may not alter or modify the Order without the prior consent of Voltex Electrical.
4. Voltex Electrical may, in its absolute discretion, charge a reasonable re-stocking fee for all returned products.

1. All prices contained in the Quotation and/or Order will be exclusive of GST.
2. Prices will be in with Australian dollars or New Zealand dollars, depending on the office which the Customer submits the Order and may be amended, for new Quotations and subsequent Orders, upon 30 days' prior written notice to the Customer.
3. All invoices must be settled in the same currency as set out in the Order.

1. For Australian Customers, unless otherwise agreed in writing, the payment due date is strictly 30 days from the end of the month in which the Order is accepted by Voltex Electrical.
2. For New Zealand Customers, unless otherwise agreed in writing, the payment due date is strictly 20th of month following invoice in which the Order is accepted by Voltex Electrical.
3. The Customer will be in default if the Customer does not pay a duly issued Invoice on or before the date which it becomes due and payable and the Customer acknowledges and agrees that Voltex Electrical may contact a credit reporting agency throughout the term of the Contract to obtain a report about the creditworthiness of the Customer.
4. The Customer authorises Voltex Electrical to engage in the exchange of information with a credit reporting agency or with other such third parties as are necessary to provide information to Voltex Electrical about the creditworthiness of the Customer.
5. Voltex Electrical reserves the right to report a Customer's delinquent account to a credit reporting agency should payment remain outstanding for more than 30 days.
6. Voltex Electrical may refer any outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred, a Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 12% plus GST. The Customer shall also be liable for any interest and all legal recovery costs associated with such recovery, on a solicitor and own Customer or indemnity cost basis.
7. Voltex Electrical may exchange information about the Customer with those trade referees name in the application form for a trading account or named in a consumer credit report issued by reporting agency to:
   1. assess the Customer's application;
   2. notify other credit providers of a default by the Customer;
   3. exchange other information with other credit providers as to the status of the trading account, if the Customer is in default with other credit providers; and
   4. assess the credit worthiness of the Customer.
8. The Customer agrees for Voltex Electrical to obtain from a credit-reporting agency and the trade referees a credit report containing personal credit information about the Customer and any additional information required by Voltex Electrical.

1. Delivery of the Goods shall be made to the Customer's nominated address. The Customer shall make all arrangements necessary to take delivery (which will be made within usual business hours) of the Goods whenever they are tendered for delivery.
2. The failure of Voltex Electrical to deliver will not entitle the Customer to treat this Contract as terminated.
3. Subject to e) below, delivery will be free in store (FIS) Australia wide for all Orders over AUD$150.00 (GST exclusive). A nominal market rate freight charge will apply to all Orders under AUD$150.00 (GST exclusive).
4. Subject to e) below, delivery will be free in store (FIS) New Zealand wide for all Orders over NZD$150.00 (GST exclusive). A nominal market rate freight charge will apply to all Orders under NZD$150.00 (GST exclusive).
5. The Customer will be liable to pay additional delivery charges if a delivery date is required outside of usual delivery times.

1. All Goods remain the property of Voltex Electrical until the Customer has paid for the Goods in full.
2. If the Goods are on-sold by the Customer before payment is made to Voltex Electrical, the proceeds of the sale will become the property of Voltex Electrical.
3. If the Goods are not paid for in accordance with this Contract, Voltex Electrical may give notice in writing to the Customer to return the Goods or any part of them to Voltex Electrical.
4. Voltex Electrical may enter the Customer's premises without notice, at any time to take possession of the Goods if:
   1. the Customer does not pay for the Goods in full, in accordance with this Contract;
   2. the Customer fails to return the unpaid Goods upon demand;
   3. a trustee in bankruptcy, administrator, or receiver and manager is appointed to the Customer;
   4. winding-up proceedings in relation to the Customer are commencing; or
   5. the Customer becomes insolvent or bankrupt (as applicable).

1. The Customer will inspect the Goods on delivery and will within seven (7) days of delivery notify Voltex Electrical in writing of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the Order.
2. The Customer will allow Voltex Electrical the opportunity to inspect the Goods within a reasonable time of delivery if the Customer believes the Goods are defective in any way. If the Customer fails to comply with these provisions, the Goods will be deemed to be free from any defect or damage and payment will be owing under this Contract.
3. The Customer may only reject the Goods if Voltex Electrical agrees in writing that the Goods are defective.
4. The Goods must have a corresponding invoice number quoted:
   1. freight charges incurred for the return of the Goods being returned is at the expense of the Customer. Unless otherwise agreed; and
   2. Voltex Electrical's liability is limited to (at its discretion):
      1. refunding the price of the Goods;
      2. replacing the Goods; or
      3. repairing the Goods.

1. Subject to clause (b) below, Voltex Electrical will not have any liability whatsoever for any direct losses, expenses, damages and costs incurred by the Customer caused by any breach by Voltex Electrical of this Contract or any negligent act or omission.
2. The liability of Voltex Electrical to the Customer in the event of any breach of this Contract by the Customer or other cause of action in respect of the Goods, will not exceed the price of the Goods ordered in the preceding 12 month period to the date of the breach.
3. Neither party will have any liability whatsoever for any indirect losses, expenses, damages and costs incurred by the other party caused by an breach by a party of this Contract or any negligent act or omission.
4. It is the responsibility of the Customer to ensure the Goods will be suitable for the application proposed by the Customer.
5. Each provision of this Contract which provides a limitation of liability, disclaimer of warranty, condition or exclusion of damages, is separate and independent.

1. Voltex Electrical provides a warranty for the Goods for the period stated in the document evidencing the warranty accompanying the Goods, commencing from the date of delivery of the Goods (Warranty Period).
2. Voltex Electrical will, in its sole discretion, determine whether the Goods are to be repaired, replaced or if a refund should be issued if Voltex Electrical is notified of a warranty claim by the Customer within the Warranty Period.

The Customer acknowledges and agrees that Voltex Electrical does not make any representations or warranties in relation to the Goods and it does not rely on the skill and judgment of Voltex Electrical in relation to the suitability of any of the Goods for a particular purpose or application for which the Goods are required by the Purchaser and Voltex Electrical is under no liability whatsoever if such Goods are not suitable and fit.

For Australian Customers, please refer to the Voltex Electrical privacy policy available on Voltex Electrical's Australian website https://www.voltexelectrical.com.au/t-privacy.aspx.

For New Zealand Customers, please refer to the NZ Voltex Electrical privacy policy available on Voltex Electrical's New Zealand based website https://voltexelectrical.co.nz/t-privacy.aspx.

1. Defined terms in this clause have the same meaning as given to them in the Personal Property Securities Act 2009 (Cth) (PPSA).
2. The Customer acknowledges and agrees that this Contract constitutes a Security Agreement with Voltex Electrical and entitles Voltex Electrical to claim a Purchase Money Security Interest (“PMSI”) in favour of Voltex Electrical over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to this Contract.
3. The Goods supplied or to be supplied under this Contract fall within the PPSA classification of "Other Goods" acquired by the Customer pursuant to this Contract.
4. Voltex Electrical and the Customer acknowledge that Voltex Electrical, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to Customer pursuant to this Contract on the PPS Register.
5. To the extent permissible at law, the Customer:
   1. waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to Voltex Electrical.
   2. agrees to indemnify Voltex Electrical on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
      1. registration or amendment or discharge of any Financing Statement registered by or on behalf of Voltex Electrical; and
      2. enforcement or attempted enforcement of any Security Interest granted to Voltex Electrical by the Customer;
   3. agrees that nothing in sections 130 and 143 of the PPSA will apply to this Contract or the Security under this Contract;
   4. agrees to waive its right to do any of the following under the PPSA:
      1. receive notice of removal of an Accession under section 95;
      2. receive notice of an intention to seize Collateral under section 123;
      3. object to the purchase of the Collateral by the Secured Party under section 129;
      4. receive notice of disposal of Collateral under section 130;
      5. receive a Statement of Account if there is no disposal under section 132(4);
      6. receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
      7. receive notice of retention of Collateral under section 135;
      8. redeem the Collateral under section 142; and
      9. reinstate the Security Agreement under section 143.
   5. All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.

1. If Voltex Electrical is prevented from providing the Goods as a result of a Force Majeure Event the obligations Voltex Electrical under this Contract shall be suspended for the period of the Force Majeure Event. In the event of a Force Majeure Event occurring Voltex Electrical will as soon as practical in the circumstances, notify the Customer in writing of:
   1. the nature of the Force Majeure Event; and
   2. the extent to which Voltex Electrical is prevented from providing the Goods
2. If the Force Majeure Event continues for a period of two months from the date of the notice issued by Voltex Electrical in (a) above and Voltex Electrical has taken all reasonable steps to eliminate the Force Majeure Event, Voltex Electrical may without penalty, by notice in writing to the Customer agree with the Customer to cancel or amend an order for Goods affected by the Force Majeure Event.

1. Service of any notice or other communication under this Contract must be in writing and sent to the relevant address set out in the front page of the Order. Any such notice shall be deemed to have been received 5 business days after dispatch if sent by mail, or the next business day if delivered by hand or email.
2. This Contract is to be construed in accordance with the laws from time to time in the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales and any courts which may hear appeals from those courts in respect to any proceedings in connection with this Contract.
3. This Contract may be varied from time to time by Voltex Electrical on 60 days' notice.
4. Any conditions found to be void, unenforceable or illegal may, to that extent, be severed from this Contract and the remaining provisions or parts of the provisions of this Contract continues in force.
5. No waiver of any of this Contract by Voltex Electrical or failure to exercise a right or remedy or failure to insist upon strict performance by the Customer of this Contract will be considered to imply or constitute a further waiver by Voltex Electrical of the same or any other term, condition, right or remedy, on any subsequent occasion, and shall not discharge the Customer from any of its obligations under this Contract.