# Terms and Conditions of Sale
Air Conditioning Group / Prestige Air Limited
These Terms and Conditions apply to all Goods and Services supplied by Air Conditioning Group / Prestige Air Limited (“Supplier”) to the Purchaser and form part of every quotation, order, and agreement unless otherwise agreed in writing.
1. Definitions
Goods means all equipment, components, materials and products supplied by the Supplier.
Goods and Services means all Goods and all services provided by the Supplier including, without limitation, design, supply, installation, commissioning, servicing, maintenance, repair and advice relating to heating, ventilation and air conditioning systems.
Price means the amount stated in the quotation or other agreed document, subject to adjustment in accordance with these Terms.
Purchaser means the person or entity named in the quotation, order, or agreement.
Supplier means Air Conditioning Group / Prestige Air Limited.
2. Collection and Use of Information
The Purchaser authorises the Supplier to collect, retain and use personal or business information for the purposes of assessing creditworthiness, administering accounts, enforcing rights under this agreement, and marketing purposes (excluding electronic marketing unless expressly authorised).
The Purchaser authorises the Supplier to disclose such information to third parties where reasonably required for these purposes.
Where the Purchaser is an individual, this clause constitutes consent for the purposes of the Privacy Act 2020 and the Unsolicited Electronic Messages Act 2007.
3. Price
The Price shall be as stated in the quotation.
The Supplier may increase the Price where there is a reasonable increase in the cost of supply beyond the Supplier’s control between the date of quotation and delivery or installation. The Purchaser will be notified as soon as practicable and may cancel within five (5) working days for a full refund of amounts paid.
The Price may also be adjusted to reflect variations requested by the Purchaser after acceptance of the quotation.
4. Payment
Unless otherwise agreed in writing, payment terms are as follows:
Residential Installations
Ducted Systems:
* Retrofit installations
50% deposit upon acceptance of quotation
50% payable on completion and commissioning
Pre pipe installations
50% deposit upon acceptance of quotation
25% payable after first fix
25% payable on completetion
* Floor Console and High Wall Systems
50% deposit upon acceptance
Balance payable on completion of installation
Final payment may not be withheld once the system is operational and commissioned. Minor outstanding items that do not affect system operation do not justify withholding payment.
Commercial Installations
Commercial installations shall be invoiced as follows:
50% deposit upon acceptance of quotation; and
Progress payments invoiced as work is completed or at agreed project milestones; and
Final balance payable upon completion of installation and commissioning unless otherwise agreed in writing.
General Payment Terms
Any remaining balances are due immediately upon completion of delivery or installation.
The Supplier reserves the right to charge a $250 rescheduling fee where installation cannot proceed due to circumstances outside the Supplier’s control and less than 24 hours’ notice is provided.
Default interest may be charged at 2.5% per month on overdue amounts.
Accounts unpaid after twenty (20) working days may be referred to a debt collection agency and all recovery costs shall be payable by the Purchaser.
This agreement is not a consumer credit contract for the purposes of the Credit Contracts and Consumer Finance Act 2003.
5. Quotations
Quotations are valid for fourteen (14) days unless otherwise stated.
The Supplier reserves the right to amend pricing where circumstances beyond its control affect supply costs.
Where additional work or materials are required that could not reasonably have been anticipated at the time of quotation, the Purchaser agrees to pay the additional cost provided notice is given prior to proceeding.
If additional costs materially increase the Price, the Purchaser may cancel within two (2) working days and receive a refund of payments made.
6. Risk
Risk in the Goods passes to the Purchaser upon delivery.
Delivery is deemed complete when the Goods are delivered to the Purchaser or to a carrier on behalf of the Purchaser, or where installation is required, when installation at the address specified in the quotation is complete.
7. Title and Security Interest (Personal Property Securities Act 1999)
Ownership of all Goods remains with the Supplier until full payment has been received for all Goods and Services supplied.
The Purchaser acknowledges that this agreement creates a security interest in favour of the Supplier under the Personal Property Securities Act 1999 (PPSA).
The Supplier may register a financing statement on the Personal Property Securities Register (PPSR) in respect of that security interest. The Purchaser agrees to provide all information and assistance reasonably required to enable registration and enforcement.
Where Goods are installed or become fixtures attached to land or buildings, ownership of the Goods remains with the Supplier until payment is made in full.
If the Purchaser defaults in payment, the Supplier may enter the premises at reasonable times to recover Goods supplied, to the extent permitted by law. The Supplier shall not be liable for reasonable damage necessarily caused in exercising this right except where caused by negligence.
The Purchaser waives the right to receive a verification statement under the PPSA.
Default includes failure to make payment when due, insolvency, liquidation or bankruptcy of the Purchaser, or seizure of Goods by another creditor.
8. Site Access and Delays
The Purchaser is responsible for ensuring safe and reasonable access to the installation site at the agreed installation time.
If installation cannot proceed due to circumstances outside the Supplier’s control, including but not limited to lack of site readiness, incomplete building or electrical works, restricted access, unsafe working conditions, absence of the Purchaser or authorised representative, or delays caused by other trades, the Supplier may:
reschedule the installation to the next available date; and
charge reasonable costs incurred as a result of the delay, including labour, travel, and rebooking costs.
Where delays result in additional visits, return trips, or extended installation time, the Supplier reserves the right to charge additional costs reasonably incurred.
The Supplier shall not be liable for any loss or delay caused by site access restrictions or delays outside its control.
9. Returns and Disputes
Goods may be returned within thirty (30) days only where the Goods are unused, undamaged and suitable for resale. A restocking fee of 10% may apply.
Nothing in this clause limits rights under the Fair Trading Act 1986 or Consumer Guarantees Act 1993.
10. Liability
The Consumer Guarantees Act 1993, Fair Trading Act 1986 and other legislation may impose obligations that cannot be excluded.
Except as required by law, the Supplier shall not be liable for indirect or consequential loss.
The Supplier is not liable for damage to Goods caused by the Purchaser or third parties after delivery or installation.
11. Product Warranty
Manufacturer warranties apply to Goods where provided.
Any written warranty provided by the Supplier forms part of this agreement.
12. Purchaser Warranties
The Purchaser warrants that they are authorised to approve installation at the property specified in the quotation.
The Purchaser confirms satisfaction with equipment location, appearance and specifications prior to installation. Changes requested after acceptance may incur additional costs.
13. Copyright
All designs, specifications, drawings and documentation produced by the Supplier remain the property of the Supplier and may only be used for the intended purpose once paid for in full.
14. Consumer Guarantees Act (Business Customers)
Where the Purchaser acquires Goods and Services in trade, the parties agree that the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.
15. Miscellaneous
Failure by the Supplier to enforce any provision does not constitute a waiver of its rights.
If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force.