Terms and Conditions of Trade

I. Definitions - The following Terms and Conditions contain references, defined as follows

  • “The Company” – Hinterland Air Conditioning

  • ”The Customer” - the purchaser as identified on the face overleaf

  • “The Goods” - The Goods which are the subject of this quotation.

2.  Validity Period - This quotation remains valid for a period of thirty (30) days from the date shown on our Quote, and is subject to adjustment thereafter, however The Company reserves the right to withdraw this quotation at any time.

3. Acceptances - Acceptance of this offer is to be lodged in writing, official company order, or signed acceptance where allocated overleaf. Work will not commence until this requirement is met.

4. Rise and Fail - If, after acceptance of this quotation, the completion date for the works is delayed beyond the original agreed period, due to reasons beyond The Company’s control, this quotation will become subject to adjustment in accordance with variance in cost of labour and materials, which may have resulted in the course of such delay.

5. Cancellation - Cancellations will be accepted in writing, on the condition that all costs expended by The Company at time of cancellation are reimbursed in full by The Customer.

6. Variations - If the scope of work is varied after acceptance of this quotation The Customer will give such direction in writing. Selling price and completion date will be varied accordingly.

7. Multiple Items - If one or more items are deleted from the quotation, when several individual items and prices are listed, The Company may adjust the remaining prices, to compensate loss of shared component costs for The Goods (ie. travel, plant hire, site establishment, accommodation etc).

8. Ability to Supply - Every effort will be made to fulfil The Company s obligations under this contract, but if The Company’s ability to supply the necessary labour, materials or services is affected directly or indirectly by war, any law, strikes, civil commotion, acts of God, fire or any other cause beyond The Company’s control, The Company reserves the right to terminate this contract without being liable for any breach, but will be entitled no payment for any work already done, calculated on the basis of the rates in this quotation.

9. Excavation Work - No responsibility is accepted by The Company in the event of striking rock, water table, fill, service pipes, cables or wire during excavation work. This quotation is based on clear excavation into natural soil conditions, and any additional costs arising from footing redesign, re-engineering or repairs to underground services, will be met by The Customer Soil tests may be requested by The Customer at additional costs, prior to excavation.

10. Start and Completion Dates - Start and completion dates are given in good faith, and are estimated based on conditions, circumstances and information available to The Company at that time. The Company does not accept liability, either directly or indirectly, for any penalties or damages arising from failure to meet these dates.

11. Extensions of time - The Company shall be entitled to claim and be allowed an extension of time due to any delay to completion of works as a result of any cause beyond The Company’s control.

12. Responsibility - Risk will pass to The Customer upon delivery or installation of The Goods, notwithstanding that ownership remains with The Company until payment is made in full.

13. Notification of Claims - No claim for faulty goods will be considered unless written notice thereof is received by The Company within seven (7) days after receipt of The Goods by The Customer, and under no circumstances shall any claim be greater in value than the actual invoice value of The Goods claimed to be faulty. If such notification is not received by The Company, all monies owing for The Goods will be paid in full by the Customer within the agreed credit terms.

14. Property of The Goods

(a) Notwithstanding delivery of The Goods to The Customer, property of The Goods will not pass to The Customer until The Customer has paid to The Company all sums owing by The Customer to The Company under the contract.

(b) Until such payment is made. The Customer holds The Goods as bailee for The Company and will store The Goods separately from other goods on the premises of The Customer or in some other way as to render them capable of separate identification.

(c) Where payment is not made on or before the due date, The Customer will, upon demand by The Company, deliver up The Goods to The Company, failing which The Company is hereby irrevocably authorised to enter upon the place where The Goods are situated and remove the same and The Customer will indemnify The Company against any action claim or demand arising out of this exercise by The Company of its powers under this sub-clause.    (d) The parties agree that the provisions of this clause apply notwithstanding any agreement between the parties under which The Company gives The Customer credit.

(e) Where the contract is for delivery of goods by instalments, the property will not pass in any instalment until payment has been made to The Company for the whole contract quantity.

I5. Default - The Company shall be entitled to suspend delivery of materials, discontinue the work or terminate the contract if:-

(a) The Customer fails to observe the conditions of contract.

(b) The Customer is declared bankrupt.

(c) The Customer has a receiver or official manager appointed for any part of ins assets.

(d) The Customer has a winding up order made against it or a resolution is passed for its winding up.

(e) The Customer enters into any agreement or scheme of arrangement with his creditors under any lam relating to bankruptcy.

Any such suspension, discontinuance or termination shall not effect any rights of The Company accrued against The Customer prior thereto.

16. Normal Working Hours - This quotation is based on work being performed during normal 38-hour working week. If The Customer requests, the work may be performed outside these hours, in which case, additional costs will be met by The Customer.

17. Design Responsibility - When The Goods have been manufactured and installed in accordance with a design and/or specification provided by The Customer, The Company accepts no responsibility and will not be liable for any loss, damage or costs arising for any design or specification faults in operation of The Goods.

18. Progress Payments - The Company will invoice progress claims at monthly intervals for any work that continues beyond one (I) month in duration.

19. Storage - Should storage by The Company of goods or materials be necessary due to The Customer being unable to accept delivery on the agreed delivery date, a progress payment equal to 100% of the cost of such goods or materials stored will be payable by The Customer within the agreed terms of credit, from the original agreed date. The Customer will pay all storage, relocation, insurance, handling and additional attendance charges in relation to The Goods and materials which are stored by The Company on The Customers behalf. Furthermore, The Company accepts no responsibility for deterioration, loss or damage that may occur to The Goods during The Company’s day to day operations.

20. Retentions - Retentions shall not be deducted from invoice payments by The Customer, unless previous written agreement has been reached between The Company and The Customer.

21. Access - Where installation is carried out by The Company, clear access to the works area shall be made available an all times. If failure by The Customer to provide such access, or the works area is not sufficiently complete to carry out such installation contrary to a previous agreed time frame, The Customer will pay any additional costs that may apply.

22. Warranties - The Company warrants ins workmanship for a period of twelve (12) months from date of delivery or installation. Extent of warranty on raw materials is limited to the extent of warranties given to The Company by the Suppliers of such goods / materials., but is often restricted to replacement costs of materials claimed to be faulty, and may not include labour to replace such materials. Clarification should be sought from The Company on the specific content of The Goods in question.

23. Interpretation - It is The Customer’s responsibility to check the content of this quotation to confirm that our interpretation of types, quantities, dimensions and materials are correct and compatible to The Customers requirements. The Customer will meet costs for any alterations to this quote.

24. Approvals of Statutory Authorities - If requested by The Customer, The Company will lodge applications to local Statutory Authorities for approval to erect or install The Goods. When The Customer instructs The Company to carry out this installation prior to approvals by such authorities, The Company accepts no liability for any costs arising as a result of such approvals being denied after completion of the works. All costs for modification or removal in such cases to be met by The Customer.

25. Terms of Trade - These standard terms of trade shall override all other terms inconsistent herewith, notwithstanding that they are printed on, included, or contradicted in The Customer order or other documents.

  ABN: 78 253 990 450
  Copyright 2018 Hinterland Air Conditioning