GEneral Service Conditions
INFORMATION ON OUR GENERAL SERVICE CONDITIONS
1. DEFINITIONS
1.1. “Seller” shall mean AIRT GROUP PTY LTD, its successors and assigns or any person acting on behalf of and with the authority of AIRT GROUP PTY LTD.
1.2. “Client” shall mean the Client, any person acting on behalf of & with the authority of the Client, or any person purchasing products & services from AIRT GROUP PTY LTD. Where the Client is a corporation or partnership, its directors or partners agree to be bound by this contract jointly and severally
1.3. “Goods” shall mean Goods supplied by the Seller to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation and work authorization or any other forms as provided by the Seller to the Client.
1.4. “Services” shall mean all Services supplied by the Seller to the Client 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/Services as agreed between the Seller and the Client in accordance with clause 4 of this contract.
2. THE COMMONWEALTH TRADE PRACTICES ACT 1974 (“TPA”) AND FAIR TRADING ACTS (“FTA”)
2.1. Nothing in this contract is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
3. ACCEPTANCE
3.1. Any instructions received by the Seller from the Client for the supply of Goods/Services and/or the Client’s acceptance of Goods/Services supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
3.2. Where more than one Client has entered into this contract, the Clients shall be jointly and severally liable for all payments of the Price.
3.3. Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Seller.
3.4. The Client shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the Seller as a result of the Client’s failure to comply with this clause.
3.5. Goods/Services are supplied by the Seller only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4. PRICE AND PAYMENT
4.1. The Client shall pay the Seller the Contract Price and any variation in accordance with these terms and conditions. AIRT GROUP PTY LTD ABN: 27 613 845 006 +61 480 101 409 Info@AirTGroup.com.au
4.2. The Price is payable in full without any deduction at the completion of the works unless otherwise agreed in writing with the Seller.
4.3. A credit card transaction fee applies to all credit card payments.
4.4. If the Client fails to make any payment, the Seller may charge interest on the outstanding amount/s at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) from the due date of payment until the date of full payment. 4.5. The Client is liable for all reasonable costs and expenses incurred by the Seller or by any third party engaged by the Seller incidental to and arising out of late payments of amounts due under this contract.
4.6. The Client agrees:
(a). that, pursuant to the Personal Property Securities Act 2009 (“PPSA”), this contract creates a security interest in all Goods (and proceeds of Goods) in favour of the Seller to secure the purchase price for the Goods;
(b). that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115(7) applies, each section of Part 4.3 of the PPSA is excluded unless the Seller elects in writing to retain Part 4.3 (which the Seller may elect to do either in whole or in part);
(c). to waive its right to receive notice of a verification statement in relation to registration of a security interest; New Paragraph
5. QUOTATIONS AND ORDERS
5.1. Unless previously withdrawn, a quotation issued by the Seller is open for acceptance for 30 days. The Seller reserves the right to refuse any Order placed by Client within 7 days of the Order being placed.
5.2. Any quotation is based on the Seller’s professional estimation of where existing drainage, pipes, water or gas lines and electrical cables have been laid. If this is not the case or if they are inaccessible or unusable in their present state, the Seller reserves the right to vary the quotation.
5.3. The Seller reserves the right to vary a quotation once the supply of goods or services has commenced. The Client will be notified at their earliest convenience and approval sought to carry out the additional works.
5.4. Once an Order has been accepted by the Seller, the Client cannot cancel it without the express consent of Seller. Where the Seller has already ordered goods from a third party, cancellation will only be possible if the Seller can return the goods to the third party at no loss to Seller.
5.5. The Seller may, at any time after acceptance of an Order, cancel the supply of Goods or Service and the Seller will not be liable for any loss or damage suffered by Client as the result of such cancellation.
6. SITE ISSUES
6.1. Unless otherwise agreed the supply of service does not include the excavation, relocation, removal or repair of soil, rock or other surfaces that may be encountered in the supply of goods and services.
6.2. No provision for the costs associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during completion of Works. Costs associated with the identification and removal of ACM shall constitute a variation and such variation shall permit an additional charge for such work.
6.3. The Client acknowledges that pipes affected by root growth and or blockages are generally damaged as a result of such interference. The removal of root growth and/or blockages alone carries no warranty that similar problems will not recur unless permanent repairs are made to the affected pipework. AIRT GROUP PTY LTD ABN: 27 613 845 006 +61 480 101 409 Info@AirTGroup.com.au
6.4. Where drain inspection or plumbing equipment becomes jammed as a result of damaged drains or blockages, the Seller will be entitled to take reasonable action to retrieve such items. The Client agrees to pay the costs of the removal of the equipment including any excavation and restoration work.
6.5. The Seller will take care when supplying the Goods or Services to minimize any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the Goods or Services is not included in Seller’s quotation unless otherwise stated and must be carried out at Client’s cost.
6.6. Pricing on Works are based upon the assumption that all existing installations comply with law, regulations and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards shall constitute a variation.
6.7. Pricing of Works is based upon the assumption that the Seller will have access to the site during normal working hours. If the Seller’s access to the site is impeded in any way, this shall constitute a variation.
7. SUPPLY OF MATERIALS
7.1. Where any fixtures, fittings, materials and/or equipment are supplied by the Client, they will be stored, handled and installed at the risk of the Client. The Seller is not liable for any failure of materials supplied by the Client.
7.2. Notwithstanding delivery of the Goods to the Client, title in the Goods shall remain with the Seller until full payment is made by the Client to the Seller. The Seller reserves the right to reclaim the Goods from Client’s possession, custody or control even if they have been delivered to Client or moved from the delivery address. Seller reserves the right to keep or sell the Goods
7.3. All materials removed from the Client’s site/premises shall be deemed to be the property of the Seller unless the Seller is otherwise notified by the Client.
8. DISPUTE RESOLUTION
8.1. If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
8.2. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.
8.3. Each party shall bear its own costs of presenting its position to the arbitrator(s) unless the arbitrator(s) make another determination in respect of the costs.
9. WARRANTY AND LIMITATION OF LIABILITY
9.1. Warranty shall be valid for twelve (12) months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location & works as carried out by the Seller. Client must provide original invoice for proof of works.
9.2. All valve and valve type parts as well as any specified items installed by The Seller must be serviced regularly by The Seller. Failure to do so shall void all warranty. It is the sole responsibility of the Client to arrange an appointment. AIRT GROUP PTY LTD ABN: 27 613 845 006 +61 480 101 409 Info@AirTGroup.com.au
9.3. The Client shall inspect the goods and services upon completion and must report any defects to parts or installation works within 48 hours in writing to The Seller of any alleged defects, shortage in quantity or damage. The Client shall afford The Seller an opportunity to inspect the alleged damage / defect within seven（7） working days from date of written notification and give The Seller the opportunity to make good to Australian and reasonable standards within 14 working days.
9.4. No warranty shall be provided on blocked sewer, drainage or storm water as set out at clause 6.3
10. INTELLECTUAL PROPERTY
10.1. Where the Seller has designed or drawn Goods for the Client, the copyright in those designs and drawings shall remain vested with the Seller and shall only be used by the Client at the written discretion or with written consent to do so.
11. TERMINATION OF CONTRACT
11.1. Either party may terminate this contract immediately by notice to the other party:
(a) if the other party breaches a material term of this contract capable of being remedied and fails to remedy the breach within 10 business days after being given notice of breach;
(b) if that other party breaches a material term of this contract which is not capable of remedy; or
(c) the other party is unable to pay its debts as they fall due; makes or commences negotiations with a view to making a general rescheduling of its indebtedness, scheme of arrangement or composition with its creditors; or takes any corporate steps for its winding up or the appointment of a receiver, administrator or official manager over any of its revenue and assets.
11.2. If Client terminates this contract for any reason whatsoever Client must immediately pay Seller for all Goods or Services already ordered from or supplied by Seller.
12. GENERAL
12.1. The Client agrees to The Seller using their company or property information for marketing purposes and gives The Seller permission to send out future advertising material
12.2. The Seller shall not be liable for any loss or damage resulting from any act of God, fire, natural disaster, Act of Parliament, Government order, strike, war, delay in delivery of manufacturing materials or from any other circumstances beyond the Seller’s control.
12.3. The Seller may subcontract all or any of its obligations or rights without Client’s consent.
12.4. In the event of any breach of this contract by The Seller the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of The Seller exceed the Price of the Goods or Services.
12.5. The Seller reserves the right to review and make changes to these terms & conditions from time to time.
12.6. This contract is written in both Chinese and English. If there is any inconsistency or conflict between English and Chinese version, the English version shall prevail.
AIRGROUP PTY LTD | ABN: 27 613 845 006 | +61 480 101 409 | info@airtgroup.com.au