TRADING TERMS AND CONDITIONS

1.1 “Seller” shall mean E&S Electrical Wholesalers Pty Limited CAN 082 838 337 its successors and assigns or any person acting on behalf of and with the authority of E&S Electrical Wholesalers Pty Limited CAN 082 838 337.

1.2 “Buyer” shall mean you or any person acting on behalf of and with the authority of the Buyer.

1.3 “Goods” shall mean Goods supplied by the Seller to the Buyer, and where the context so permits shall include any supply of Services as defined, and are as described in invoices, statements or any other forms as provided by the Seller to the Buyer.

1.4 “Services” shall mean all Services supplied by the Seller to the Buyer and includes any advice or recommendations, and where the context so permits shall include any supply of Goods as defined above.

1.5 “Price” shall mean the price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 3 of these terms.

2.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are binding and can only be amended with the written consent of the Seller.

2.4 the Buyer undertakes to give the Seller at least fourteen (14) days’ notice of any change in the Buyer’s name, address and/or any other change in the Buyer’s details.

3.1 At the Seller’s sole discretion the Price shall be either:

a) as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied

3.2 The Seller reserves to change the Price in the event of a variation to the Seller’s quotation. The Seller’s pricing is live on the website and prices can increase or decrease at any time. In result of a supplier increasing a product price it reflects the Sellers new sell price. The Seller reserves the right not to honour existing prices before the increase.

3.3 Payment is to be made by terms and conditions of existing account holders with the Seller, by credit card (plus a surcharge of up to 2% of the Price) or by direct deposit.

Orders paid by Direct Deposit will not be processed until payment has been received. Please ensure that you include the order/invoice number in the transaction reference. 

3.4 Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding New South Wales public holidays.

We process credit card and PayPal payments after you click the "Submit My Order" button.

For credit card and PayPal payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.

3.5 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

3.6 Cable prices are subject to products being in stock. We do not charge cutting fee's for any cable cuts made in house, however where a specific cable colour needs to be ordered that is not regularly stocked, a $40 cutting charge will be added to the order. 

4.1 At the Seller’s sole discretion delivery of the Goods shall take place when:

• a) the Buyer takes possession of the Goods at the Sellers address; or
• b) the Buyer takes possession of the Goods at the Buyers nominated address; or
• c) the Buyers nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Buyer’s agent.

4.2 At the Sellers sole discretion the costs of delivery are: 

• a) in addition to the Price; or
• b) for the Buyers account.

4.3 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Buyer is unable to take delivery of the Goods as arranged, then the Seller shall be entitled to charge a reasonable fee for redelivery.

4.4 Delivery of Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.

4.5 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.

4.8 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

4.9 Please be aware that our product availability is not live and is updated daily. Unlike many online competitors which are solely a warehouse with computer interface, we are a functioning store where stock levels are changing by the minute. If something you order becomes unavailable during our picking stage for whatever reason, we will contact you to let you know and perhaps offer an alternative.

5.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods shall be presumed to be free from defect or damage.

5.2 Where Goods are claimed to be defective the Seller reserves the right to forward those Goods to their suppliers for assessment and approval of any claim.

5.3 For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Sellers liability is limited to either (at the Sellers discretion) replacing the Goods or repairing the Goods. The Seller shall not be liable for any other costs howsoever arising out of the inadvertent supply of defective Goods.

6.1 Returns will only be accepted provided that:

• a) the Buyer has complied with the provisions of clause 5.1; and
• b) the Seller has agreed in writing to accept the return of the Goods; and
• c) the Goods are returned at the Buyers cost within thirty (30) days of the delivery date; and
• d) the Seller will not be liable for Goods which have not been stored or used in a proper manner; and
• e) the Goods are returned in the condition in which they were delivered and with all packaging material in as new condition as is reasonably possible in the circumstances.

6.2 The Seller may (in its discretion) accept the return of Goods for credit but this may incur a re-stocking fee which shall be a minimum amount of thirty dollars ($30.00) or twenty percent (20%) of the value of the returned Goods plus any freight (whichever is the greater).

6.3 Where a transaction was made via Paypal, the seller will not refund the paypal fee when a refund is requested.  

7.1 To the extent permitted by statute, no warranty is given by the Seller as to the quality or suitability of the goods for any purpose and any implied warranty, is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

8.1 Whilst we make every effort to ensure the information contained within the website is complete, accurate and current, we do not guarantee this, and assume no responsibility for any errors of any kind in the content of the website.

8.2 We reserve the right to amend the information supplied on the website without prior notice. 

8.3 Links provided on the website are not maintained or controlled by us. These links are provided purely for your convenience and we are not responsible for their content.