Terms and Conditions

1. Definitions

In these Terms unless the context requires otherwise:

Additional Charges means charges that are separate from the Price, and may include but are not limited to, transport, access, after hours call out fees, increase in cost of Goods, administration fees and equipment hire costs.

Bridgetech Solutions means Bridgetech Solutions trading as Bridgetech Solutions Trading Trust (ABN 85 968 522 758) for Bridgetech Solutions Pty Ltd.

Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence or otherwise).

Confidential Information is information that:

 (a) by its nature is confidential;

(b) is designated by the parties as confidential; or

(c) the parties know or ought to know is confidential;

and includes all information about Bridgetech Solutions s and its related bodies corporate, including but not limited to, all technical, financial, commercial and other information in any form (for example: as a document or in electronic form) of or relating to them or their business affairs, which is made available or which becomes known during the terms of this Contract but does not include information that was in the public domain at the time of its disclosure.

 Consumer Guarantees means the consumer guarantees contained in the Australian Consumer Law, which is contained in Schedule 2 of the Competition and Consumer Act 2010.

Contract means the contract formed as a result of the acceptance of an Order by Bridgetech Solutions It includes these Terms and the Quote.

Control has the meaning ascribed to it under section 910B of the Corporations Act (Cth) 2001.

Customer means the customer set out in the Quote, offer or other document provided by Bridgetech Solutions (in the absence of such information, the customer who placed the Order).

Delivery Dates means the dates set out in the Quote or such date as the parties otherwise agree in writing.

Goods means the materials and electrical related products supplied by BridgeTech Solutions to the Customer as described in the Quote.

Insolvency Event means any of the following analogous events:

(a) the Customer, being an individual, commits and act of bankruptcy;
(b) a party becomes insolvent;
(c) a party disposes of whole or any part of its assets, operations or business other than in the ordinary course of business;(d) the Customer is unable to pay BridgeTech Solutions’ debts as the debts fall due;
(e) any step is taken by a mortgagee to take possession of or dispose of the whole or any part of a party’s assets, operations or business; or
(f) any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or party of any party’s assets, operations or business.

Intellectual Property is all of Bridgetech Solutions’ and its Related Bodies Corporate’s present and future patent and patent applications; rights to inventions; copyright and related rights; trademarks; service marks; trade names; domain names and URLs; rights in good will or to sue for passing off; rights in designs; registered designs; rights in computer software; database rights; rights in Confidential Information (including know-how and trade secrets); and any other intellectual property rights. These rights may be registered or unregistered. 

Invoice means a tax invoice issued by Bridgetech Solutions to the Customer specifying the Price and any ancillary costs payable by the Customer toBridgetech Solutions for the Services. 

Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees).

Order means any written or verbal order by the Customer to Bridgetech Solutions for the Goods and/or Services.

Price means the price payable in respect of the Goods and Services, as specified in the Quote and/or Invoice issued by Bridgetech Solutions.

Quote means the Quote from Bridgetech Solutions to the Customer for the provision of the Services whether it is pending inspection of the Work Site, or not. 

Related Bodies Corporate means related bodies corporate as defined by the Corporations Act 2001 (Cth). 

Scope of Works means the scope of the project for which the Customer has engaged Bridgetech Solutions to perform the Services and supply the Goods as set out in the Quote and does not include any items expressly stated to be excluded.

Services means the services to be provided by Bridgetech Solutions to the Customer as described in the Quote.

Terms means these Terms and Conditions of sale.

Work Site means the Customer’s site where the Scope of Works will be performed and the Services provided as set out in the Quote.

2. General

 2.1. These Terms apply to the sale of Goods and Services from Bridgetech Solutions to the Customer to the exclusion of all other terms and conditions of Bridgetech Solutions .

 2.2. Bridgetech Solutions will not supply Goods and Services on any other terms or conditions other than those set out herein.

3. Acceptance

 3.1. The Customer is deemed to have accepted a Quote and agreed to these Terms by:

 (a) signing or accepting the Quote electronically;

 (b) sending or issuing a purchase order to Bridgetech Solutions ;

 (c) accepting the Quote verbally or in writing;

 (d) signing and returning a copy of these Terms; or

 (e) providing instructions to Bridgetech Solutions in relation to the provision of the Goods and Services.

 3.2. If the Customer accepts a Quote as specified in clause 1, the parties will have created a binding Contract and Bridgetech Solutions will supply the Goods and/or Services to the Customer, and the Customer will pay the Price to Bridgetech Solutions as specified on the Invoice in accordance with the terms of the Contract.

 3.3. The Customer must pay to Bridgetech Solutions any costs associated with the Customer purporting to cancel the Contract, including any costs for the Services not yet delivered, to be calculated on a pro-rata basis, and costs for materials ordered and associated administration and management costs.

 3.4. Bridgetech Solutions may cancel any Contract at any time prior to the provision of the Services with no liability other than to repay any amount of the Price paid by the Customer in advance of the cancellation.

4. Services

 4.1. Bridgetech Solutions will provide the Services to the Customer.

 4.2. Bridgetech Solutions will exercise reasonable care, skill and ability when performing the Services.

 4.3. In providing the Services, Bridgetech Solutions will:

 (a) not be responsible for any timeline or quality of works by third party trades; and

 (b) carry out Services by the Delivery Dates.

 4.4. The Delivery Dates are subject to the Customer providing Bridgetech Solutions with all relevant information, documentation, approvals, permits, licences, material, and access to the Work Site to enable Bridgetech Solutions to perform the Services.

 4.5. If the Work Scope requires the Services to be provided outside, the Delivery Dates will be subject to the weather. BridgeTech Solutions will not be liable for any delays to the Delivery Dates caused by inclement weather.

 4.6. Bridgetech Solutions will only issue any requisite compliance certificate for the Services once the works are 100% complete, or otherwise in accordance with Energy Safe Victoria and associated legislation.

5. Customer’s responsibilities and warranties

 5.1. The Customer must:

 (a) provide Bridgetech Solutions with all resources, including but not limited to information, documentation, approvals, permits and licences, to the premises and the Work Site to enable Bridgetech Solutions to perform the Services (unless otherwise stipulated in the Quote);

 (b) ensure that Bridgetech Solutions has clear and free access to the Work Site at all times to enable them to undertake the Services, including ability to have the power turned off for the duration of the Services;

 (c) ensure that Bridgetech Solutions have adequate access to water, electricity, toilet and washing facilities;

 (d) ensure that it has obtained the appropriate authority or consents required for Bridgetech Solutions to perform the Services at the Work Site, including but not limited to, the Customer ensuring that authorities and/or consents (as appropriate) have been obtained from the nearby workers/tenants/public;

 (e) use all reasonable endeavours to ensure that there are no circumstances which may affect or impair BridgeTech Solutions ability to provide the Services;

 (f) provide Bridgetech Solutions with any details of any required specifications or qualities of the Goods or Services at the time the Customer provides an Order to Bridgetech Solutions;

 (g) ensure that the specifications or qualities of the Goods and Services stated in any Order by the Customer will be fit for the intended purpose of the Services; and

 (h) if Goods, tools, etc are required to be stored on the Work Site, the Customer shall supply Bridgetech Solutions a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall the be Customer’s responsibility.

 5.2. It is the Customer’s responsibility to apply for, procure, ensure the accuracy, and bear the costs of procuring the same, unless expressly agreed otherwise and provided for in the Quote, plans of the Works and all underground features, including but 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 the Work Site, and provide to BridgeTech Solutions at least two (2) business days before BridgeTech Solutions commences the works.

 (a) Plans can be requested from DBYD (Dial Before You Dig) website at www.1100.com.au or phone 1100.

 (b) The Customer indemnifies Bridgetech Solutions against any liability, loss, claim or proceedings of any kind arising from the Works, as a result of damage to services not precisely located and notified as per clause 5.2.

 5.3. If any permits, permissions, consents and/or authorisations for the Services are required before the Services commence, it is the Customer’s responsibility to apply for, procure and bear the costs of procuring the same unless expressly agreed otherwise and provided for in the Quote.

 5.4. The Customer must take out and maintain all necessary insurance for the duration of the Services and for any Goods being supplied.

 5.5. BBridgetech Solutions will be entitled to rely on the Customers warranties set out in this clause 5.

 6. Site Inductions

 6.1. Where the Customer requires Bridgetech Solutions to undertake a Site induction, the Customer will be liable to pay the hourly charges for that period (standard and/or overtime, if applicable).

 6.2. Where Bridgetech Solutions are in control of a Work Site, the Customer and/or the Customer’s third party contractors must initially carry out Bridgetech Solutions’ Health and Safety induction course before access to the Work Site will be granted. Inspection of the Work Site during the course of the Works will be by appointment only and unless otherwise agreed, in such an event the Customer and/or third party acting on behalf of the Customer must at all times be accompanied by Bridgetech Solutions.

7. Price and Payment Terms

 Specific terms for Real Estate Agent/Body Corporate Customers (clause 7.1)

 7.1. Unless otherwise stipulated in the Quote, Real Estate and Body Corporate Customers must pay the Invoice amount in the manner set out in the Invoice and within fourteen (14) days following the date of the Invoice or as otherwise agreed between the parties in writing prior to commencement.

 Specific terms for Builder Customers (clause 7.2)

 7.2. Unless otherwise stipulated in the Quote, Builder Customers must pay the Invoice amount in the manner set out in the Invoice and within thirty (30) days following the date of the Invoice or as otherwise agreed between the parties in writing prior to commencement.

 All Customers

 7.3. Payment is due upon receipt of the Goods and Services (ie immediate payment), unless otherwise agreed between the parties in writing prior to the commencement of the Services.

 7.4. Unless otherwise stipulated by Bridgetech, the Price does not include GST.

 7.5. In circumstances where the Scope of Works contemplates the Goods and Services to be provided in stages then, unless agreed otherwise in writing or set out in the Quote, Bridgetech Solutions reserves the right to submit progress claims and invoice monthly or in accordance with any other invoicing schedule that Bridgetech Solutions determines appropriate.

 7.6. Until payment is made in full, Bridgetech Solutions shall retain title over the Goods at all material times not withstanding that the Goods may have been delivered and installed.

 7.7. If the Customer fails to make payment of any amount of the Price on the due date, BridgeTech Solutions may suspend its Services and the Customer must pay to BridgeTech Solutions interest on the full amount outstanding at the rate equal to 4% higher than the penalty interest rate fixed by the Attorney-General of Victoria pursuant to s2(1) of the Penalty Interest Rate Act 1983 (Vic), calculated monthly for the period from the due date until payment is received.

 7.8. The Customer must reimburse Bridgetech Solutions for the full amount of any bank or other fees associated with any dishonoured payments or cheques and any legal, debt recovery or other expense associated with any action by BridgeTech Solutions to recover money from the Customer.

 7.9. The Customer agrees that it must pay to Bridgetech Solutions on demand any expenses, fees and disbursements incurred by Bridgetech Solutions in recovering any amount owing to it by the Customer, including any reasonable debt collection agency fees and legal expenses and any costs incurred by Bridgetech Solutions in respect of any Order cancelled by the Customer.

 7.10. The Customer may not withhold, make deductions from, or set-off payment of any of the Price due to BridgetechSolutions for any reason.

 7.11. At BridgetechSolutions’ sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 002 (Vic) or its applicable interstate equivalent legislation may apply.

 7.12. Nothing in these Terms is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 (Vic) or its applicable interstate equivalent legislation, except to the extent permitted by that legislation where applicable.

8. Variations to the Goods or Services

 8.1. If the Customer wishes to make changes to the Order for the Services or the Scope of Works, it must notify Bridgetech Solutions of those changes as soon as possible, and if those changes result in additional work or time required by Bridgetech Solutions, Bridgetech Solutions may:

 8.1.1. vary the Price to include any additional costs incurred by Bridgetech Solutions as a result of those changes;

 8.1.2. apply any Additional Charges incurred as a result of the changes.

 8.2. If the Customer causes a delay in the performance of the Services without providing BridgeTech Solutions with reasonable written notice in advance, Bridgetech Solutions may add to the Price any additional costs or Additional Charges incurred by Bridgetech Solutions for the provision of the Services.

 8.3. If the Customer requests Bridgetech Solutions to make an emergency call-out after hours or causes Bridgetech Solutions to cancel or reschedule other work then Bridgetech Solutions reserves the right to charge a minimum call-out fee of one (1) hour labour costs plus kilometre travelled rate plus Materials used to supply the Goods and Services, unless otherwise agreed between Bridgetech Solutions and the Customer.

 8.4. If the Customer requests Bridgetech Solutions to urgently supply Goods and Services that may require Bridgetech Solutions to work outside normal business hours (including, but not limited to working, through lunch breaks, weekends, and/or public holidays), unless otherwise agreed between BridgeTech Solutions and the Customer.

 8.5. If the Customer requests Bridgetech Solutions to diagnose a fault that requires investigation, disassembly, and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.

 8.6. Where additional Goods or Services are required due to the discovery of hidden or unidentifiable difficulties (including but not limited to, limitations to accessing the Work Site and/or crawl spaces, safety concerns, prerequisite work by any third party not being completed, remedial work required due to existing workmanship being of a poor quality or non-compliant to the building code, hard rock barriers below the surface, iron reinforcing rods in concrete or hidden pipes and wiring in walls, etc), which are only discoverable on the commencement of the Services, Bridgetech Solutions reserves the right to change the Price.

 8.7. If the price of Goods increases between the provision of the Quote and the supply of the Services, Bridgetech Solutions will provide notice to the Customer, and the Customer will be responsible for any Additional Charges required to supply the Goods.

9. Force Majeure

 9.1. Bridgetech Solutions will not be liable to the Customer for any failure to perform, or delay in performing BridgeTech Solutions’ obligations under this Contract if the failure or delay is due to an act of war, revolution or terrorism, pandemic, mandatory lockdown, an act of God, or any other event beyond the control of BridgeTech Solutions. If such a failure or delay continues for a period of 30 days, Bridgetech Solutions may terminate this Contract by giving written notice.

 9.2. This clause 8 does not apply to any obligation to make payments under the Contract.

 10. Liability

 10.1. Bridgetech Solutions will not be liable to the Customer or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote abnormal or unforeseeable loss whether or not in the reasonable contemplation of the parties.

 10.2. Bridgetech Solutions will not be liable for:

 (a) any loss or damage to the Work Site, including, damage to buildings, walls, painted surfaces, pathways, garden, driveways and concreted, paved, or grassed areas;

 (b) if trenching is required, any damage to underground services and any repair required;

 (c) any damage to (or need for reinstatement of) walls, concrete, paint, NBN cabling, solar panels or any other equipment or installation which is required to be damaged or removed for the performance of the Services. Bridgetech Solutions may, at the Customer’s request, source third party contractors to perform removal and reinstallation for the Customer, however, any resulting contract for such services shall be between the Customer and the third party service provider unless otherwise agreed in writing with Bridgetech Solutions; and

 (d) handling and/or removal of asbestos product. In the event where asbestos (or other hazardous material) is discovered on the Site:

 a. Bridgetech Solutions shall suspend the Services; and

 b. the Customer shall be fully responsible for the resolution of any resulting problems; and

 c. Additional Charges will apply for any cost incurred by Bridgetech Solutions.

11. Defects

 11.1. The Customer must inspect all Goods on delivery (or the works on completion) and must within seven (7) days of delivery notify Bridgetech Solutions in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote.

 11.2. The Customer must promptly notify Bridgetech Solutions in writing of any defects or faults in the Goods and Services or of defective workmanship in carrying out the Services as soon as it becomes aware of such defect.

 11.3. Following the written notification by the Customer, the Customer must allow Bridgetech Solutions access to inspect the Work Site and to review the Goods and Services.

 11.4. Subject to the Consumer Guarantees, Bridgetech Solutions will not be liable for any defect or damage which may be caused or partly caused by, or arises as a result of:

 (a) any underlying structural defects, faults or degradation;

 (b) any pre-existing problems with the existing wiring and/or structural integrity of the Work Site;

 (c) the Customer failing to properly maintain the Work Site;

 (d) the Customer using the Work Site for any purpose other than for which it was designed;

 (e) the Customer continuing to use the Work Site after any defects become apparent or should have become apparent;

 (f) the Customer failing to appropriately advise Bridgetech Solutions promptly after any defects become apparent or should have become apparent;

 (g) interference with the Services by the Customer or any third party without Bridgetech Solutions’ written prior approval;

 (h) the Customer failing to follow any instructions or guidelines provided by Bridgetech Solutions; or

 (i) fair wear and tear, any accident, or force majeure event as set out in clause 10 of this Contract.

 11.5. Nothing in this clause 12 shall absolve the Customer of its payment obligations under clause 7 nor give rise to a right of set off.

12. Indemnity

 The Customer agrees to indemnify Bridgetech Solutions against any Liability arising from the Customer’s breach of the Contract or from its use of the Work Site including, without limitation, any damages resulting from negligence, mistake, omission or failure of performance, whether or not resulting from any act of BridgeTech Solutions or its agents.

 13. Confidential Information and Intellectual Property

 13.1. The Customer must not at any time, or for any reason, whether during the term of this Contract or after its termination disclose to any person or use for their own or another person’s benefit any Confidential Information.

 13.2. The Customer acknowledges and agrees that:

 (a) the Intellectual Property remains the property of Bridgetech Solutions; and

 (b) this Contract does not confer on the Customer any proprietary right or title to any of the Intellectual Property.

 13.3. The Customer acknowledges that Bridgetech Solutions may take photos and videos of the Goods, Services and Work Site (including by operation of an aerial drone over the Work Site) for quality assurance and marketing purposes. The Customer hereby consents to any photos and videos taken by Bridgetech Solutions (or its agents) before, after or in the course of providing the Services being used for promotional purposes, including publication on any social media platform, print material or being furnished to prospective clients of Bridgetech Solutions for marketing or demonstration purposes.

14. Termination

 14.1. Bridgetech Solutions and the Customer may immediately terminate, or suspend the performance the Contract if:

 (a) the other party breaches a term of the Contract (including these Terms) and does not remedy the breach within 14 days of notification;

 (b) the other party breaches a term of the Contract (including these Terms) which is not capable of remedy;

 (c) there is any direct or indirect change in the Control of either party; and

 (d) if an Insolvency Event occurs.

 14.2. If the Contract is terminated for any reason:

 (a) the Customer must immediately pay to Bridgetech Solutions a pro-rata payment for the Goods provided and Services performed by Bridgetech Solutions up to the date of termination, and any other money owed by the Customer to Bridgetech Solutions under this Contract as at the date of termination; and

(b) termination does not affect any accrued rights or liabilities of the parties.

 14.3. Termination of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

15. Subcontracting

 BridgeTech Solutions may sub-contract all or any part of its rights and obligations under the Contract without the Customer’s consent.

16. Jurisdiction

 The Contract between Bridgetech Solutions and the Customer is made in the State of Victoria, and the parties agree to submit all disputes arising between them to the courts of such State.

17. Entire Agreement

 17.1. Bridgetech Solutions and the Customer acknowledge that the Contract constitutes the entire agreement between them, and that the only enforceable obligations and liabilities of Bridgetech Solutions and the Customer in relation to the subject matter of the Contract is contained herein.

 17.2. All representations, communications and prior agreements are superseded by the Contract.

18. Variation

 Bridgetech Solutions may change these Terms at any time if it has given to the Customer at least 30 days’ notice in writing of the proposed change.

19. Control

The Customer must immediately provide written notice to Bridgetech Solutions if there is any direct or indirect change in the Control of the Customer.

20. Waiver

Any failure by a party to insist upon strict performance of any term or condition in these Terms shall not constitute a waiver of any rights of that party under that term or condition or any other provision of the Contract.

21. Severance

If any term of this Contract is found to be invalid or unenforceable, then that term shall be severed and the remaining terms shall continue in full force between the parties.