Terms & COnditions

Terms and Conditions

AIR TECHNOLOGY GROUP PTY LTD A.C.N. 095 393 463

TERMS AND CONDITIONS FOR REPAIR OF GOODS

1. In these Terms and Conditions:

(a) “Goods” means any goods of the Customer which the Repairer has agreed to repair;

(b) “Manufacturer” means the maker or makers of the Goods (or any part of the Goods) sold by the Repairer;

(d) “Repairer” means Air Technology Group Pty Ltd A.C.N. 095 393 463;

(e) “Contract” means the contract for repair of goods constituted by acceptance of the Customer’s order by the Repairer;

(f) “GST” means a goods and services tax or similar value added tax.

2. These Terms and Conditions shall apply to all Contracts for repair of Goods by the Repairer and shall prevail over any conflicting conditions presented by the Customer. Unless expressly acknowledged by the Repairer in writing, any variation to these Conditions is not accepted and will be treated as inapplicable.

3. A quotation is open for acceptance by the Customer in writing within thirty (30) days after the date of the quotation or within such further time as the Repairer may agree in writing. If not accepted, it will be deemed to have been withdrawn. If accepted subject to variation, the price and delivery dates originally quoted will not necessarily remain effective.

4. Any date quoted for completion of the repair is estimated and the Repairer will not be liable for any loss or damage caused by delay in providing the service. Where the Repairer is unable to repair the Goods because of accidents to machinery, differences with workmen, strikes, lock-outs, breakdowns, labour shortages, fires, floods, priorities required or requested by any government or agencies thereof, delays in transportation, lack of transportation facilities or restrictions imposed by any law or any cause beyond the control of the Repairer, then the estimated date for completion of the repair shall be extended until the cessation of the effect of such matter or matters.

5. The Customer shall indemnify and save the Repairer from the following:

(a) all claims, demands, penalties, suits, costs, charges, losses, judgements and expenses to which the Repairer may become wholly or partially liable through any work required to be done by the Repairer or Goods or material to be supplied by the Repairer in accordance with the Customer’s specifications, orders or otherwise and involving any infringement or alleged infringement of any patent, registered design, copyright or trademark;

(b) all claims for loss, damage, death or injury sustained by the Repairer, its employees or any person whomsoever by reason of any defect in design, material, manufacture or workmanship of the Goods, whether the same be caused by the sole negligence of the Repairer or otherwise;

(c) all claims for loss, damage, death or injury arising from the existence of defects in machinery or equipment used by the Repairer, its employees, agents and contractors (in accordance with clause 14) as are not notified to the Repairer or from the operation of any equipment, machine or any part thereof or from any combination of both causes;

(d) all claims for loss, damage, death or injury occasioned to or suffered by the Customer, its employees, agents or contractors arising from the performance of any work by the Repairer, its employees, agents or contractors on the Customer’s premises or any other premises or property.

6. Orders cannot be countermanded, terminated or cancelled under any circumstances except with the written consent of the Repairer and upon terms that will indemnify the Repairer against all loss and damages.

7. The cost for repairs and services shall be the list price on completion of the repairs or as quoted on the Repairer’s quotation.

8. The Repairer may cancel the Contract or suspend or continue delivery hereunder at the Repairer’s discretion and the Repairer reserves all rights to recover any loss or damage consequent upon any such cancellation or suspension due to any of the following:

(a) in the case of death, incapacity, bankruptcy or liquidation of the Customer;

(b) suspension of payment;

(d) any non-payment punctually for any delivery tendered;

(e) any failure by the Customer to make any payment or to meet any obligation under this or any other contract or obligation to the Repairer;

(f) if the Customer rejects any delivery; or

(g) if a receiver is appointed in respect of the Customer’s business or assets.

9. Unless otherwise stated, all prices for repairs performed in the Repairer’s workshop are ex Repairer’s workshop and do not include freight, insurance or reinstallation charges. Quotations for repairs performed at the Customer’s premises will, unless otherwise stated, include the cost of travelling (including serviceman’s time and vehicle kilometres) from the Repairer’s workshop to the Customer’s premises and return, including any additional travel costs such as air fares, accommodation or meals in the case of Customer’s in remote locations. Prices quoted do not include any of the following items which (if incurred by the Repairer) must be paid by the Customer to the Repairer in addition to and at the same time as the prices quoted:

(a) packing costs;

(b) the amount of all increases in costs to the Repairer by reason of any change after the date of quotation in:

(i) Manufacturer’s prices;

(ii) labour costs;

(iii) equipment or material costs;

(iv) rates of exchange; or

(v) charges for carriage or insurance including costs of handling, landing charges and port dues;

(c) all taxes whether or not in force at the time of the quotation or order in respect of the sale or delivery of the Goods including charges for import, export or currency licences; consumer, sales, turnover or purchase taxes; duties of customs or excise and for any other charge or impost whatsoever by any government or governmental authority; and for avoidance of doubt (if any) if a GST is imposed on any supply made to the Customer under or in accordance with this Contract, the amount the Customer must pay for that supply is increased by the amount of that GST;

(d) any expenses incurred as a result of any delay in delivery resulting from the need of the Customer to obtain a licence pursuant to Clause 11 hereof; or

(e) the amount of all increases in costs to the Repairer by reason of time lost or additional travelling time incurred, caused by industrial action or any actions by the Customer whether at the Customer’s premises or otherwise.

10. If before the Repairer commences to perform its part of the Contract, the Manufacturer modifies the specification for any goods to be used in the repair of the Goods which are then manufactured in accordance with the new specification, then that specification shall be substituted for the specification of the goods that has been used in the quotation and neither the Manufacturer nor the Repairer shall be under any obligation by reason of such change of specification. If any such change of specification shall result in an increase in the Manufacturers prices, such increases shall be borne by the Customer in accordance with the provisions of Clause 9 hereof.

11. If for the lawful fulfillment of any contract, it shall be necessary for the Customer to hold or obtain any import, export, currency or other licence (“Licence”), it shall be a condition of the Contract that the Customer shall obtain the Licence. If it shall be necessary for the Repairer to hold or obtain a Licence, the Repairer shall apply for it but if it is refused, then the Contract shall be deemed discharged and neither the Customer nor the Repairer shall be under any liability in respect thereof.

12. Terms of payment are nett cash seven days on approved credit accounts, otherwise, nett cash on delivery. The Repairer reserves the right to charge interest up to 1.5% per month on amounts outstanding after the due date for payment. In the case of Contracts which extend over a period longer than a month, progressive payments will be required. The Customer shall not be entitled to withhold payment or make any deduction from the price in respect of any set off or counter-claim.

13. The Repairer may subcontract any work to any person, firm or repairer without notifying the Customer thereof and shall not thereby become liable for any delay, damage, loss, failure or any other matter, cause or thing whatsoever which shall occur or arise as a result of such subcontracting either before or at any time after delivery.

14. The Customer hereby grants to the Repairer and its employees, agents and contractors authority and permission to operate any equipment, machine or any part thereof in any manner whatsoever for the purposes of repairing the Goods and certifies that there are no defects whatsoever in such equipment, machines or any part thereof other than that of those notified to the Repairer at the time of placing the order of repair.

15. In the case of services which are supplied by the Repairer hereunder to a person or corporation (referred to in this condition as the “Consumer”) who or which is a consumer within the meaning of the Trade Practices Act 1974:

(a) except as for any other conditions or warranties issued in writing by the Repairer and except for those conditions and warranties implied by the Trade Practices Act or other sale of goods or consumer protection legislation which may not be excluded, the Consumer agrees that it has not relied on any inducement, representation or statement made by or on behalf of the Repairer in requiring the services and there are no implied conditions or warranties herein or collateral contracts in connection herewith (except such as may be in writing and signed by duly authorised representatives of the Repairer);

(b) to the extent that the services which are the subject of these provisions are services of a kind not ordinarily acquired for personal, domestic or household use or consumption (within the meaning of the Trade Practices Act) the liability of the Repairer to the Consumer for breach of any warranty or condition (other than a warranty or condition implied by Section 69 of the Trade Practices Act) or for breach of any duty of care shall in all cases be limited, at the option of the Repairer, to the supply of the services again or the payment of the cost of having the services supplied again and (without limiting the generality of the foregoing) shall not include any liability in respect of or arising out of or in connection with any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred as a result of such breach; and

16. In the case of services which are supplied by the Repairer hereunder to a person or corporation (referred to in this condition as the “Customer”) who or which is not a consumer within the meaning of the Trade Practices Act 1974:

(a) except as provided herein, the Customer agrees that it has not relied on any inducement, representation or statement made by or on behalf of the Repairer in requiring the services and that there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of the Repairer);

(b) any claim for defective Goods or workmanship must be made in writing to the Repairer within seventy-two (72) hours after delivery. The Goods in respect of which any such claim is made shall be preserved intact as delivered for a period of fourteen (14) days after such notice is given within which time the Repairer shall have the right to attend and inspect the same. Any breach of this condition shall disentitle the Customer to any consideration of such claim. The Repairer shall not be liable to make good any expenditure, damages and/or loss (including loss of profit for downtime) arising out of any use or dealing with any Goods repaired pursuant to this contract, howsoever such expenditure, damage or loss shall arise and whether from any defect in the Goods or otherwise howsoever, the Repairer’s liability shall be strictly limited to further repair of any such goods on such goods being returned to the Repairer; and

(c) the Repairer shall not be liable for any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the Customer.

17. (a) Goods delivered to the Repairer remain at the Customer’s risk pending redelivery to the Customer.

(b) The Repairer shall not be liable for any loss or damage to Goods in the Repairer’s possession whether caused by the negligence of any of the Repairer’s employees, agents or contractors or any other cause whatsoever.

(c) The Repairer will not insure any goods unless it agrees in writing to do so. All insurance charges so incurred will be invoiced to and paid by the Customer.

18. The Repairer reserves the right to retain the Goods until payment for providing its service or any other consequential expenses has been received by the Repairer.

19. The Contract shall be construed according to the laws of the State of Queensland and the parties accept the jurisdiction of courts exercising jurisdiction in that State.