Terms & Conditions

Terms and Conditions of Sale

1. DEFINITIONS
0. 1.1 “Goods” shall mean all goods supplied, or be supplied, to the Purchaser by the Supplier pursuant to this Agreement.
1. 1.2 “Goods and Services” shall mean all Goods, and all products, services and advice provided by or to be provided by the
Supplier to the Purchaser pursuant to this contract; and shall include without limitation the design, manufacture, development,
sale, installation, repair and maintenance of heating and cooling equipment and the supply of components and parts.
2. 1.3 “Price” shall mean the cost of the Goods and Services as agreed between the Supplier and the Purchase as recorded on
the Quote or other document between the Supplier and the Purchaser, subject to clause 3 of this contract.
3. 1.4 “Purchaser” shall mean the party described as such in the Quote which forms part of this contract (or, in the absence of
such Quote, shall mean the party described as the purchaser, customer or similar in any other document(s) which forms(s) part
of this contract).
4. 1.5 “Supplier” shall mean the party described as such in the Quote which forms part of this contract.
2. COLLECTION AND USE OF INFORMATION
0. 2.1 The Purchaser authorizes the Supplier to collect, retain and use any information about the Purchaser for the purpose of
assessing the Purchaser’s creditworthiness and enforcing any rights under this contract, or for any marketing purpose
(excluding electronic marketing). Where the Purchaser has expressly authorised the Supplier in the Quote, the Supplier may
also use any information about the Purchaser for sending the Purchaser electronic marketing and promotional materials.
1. 2.2 The Purchaser authorizes the Supplier to disclose any information obtained to any person for the purposes set out in clause
2.1.
2. 2.3 Where the Purchaser is a natural person the authorities under clauses 2.1 and 2.2 are authorities or consents for the
purposes of the Privacy Act 1993 and the Unsolicited Electronic Messages Act 2007.
3. PRICE
0. 3.1 The Price shall be as stated under “Total” on the quotation.
1. 3.2 The Price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that
is beyond the control of the Supplier between the date of this contract and delivery of the Goods and Services. Where such a
Price increase applies, the Supplier shall notify the Purchaser as soon as practicable. The Purchaser shall have 5 working days
from the date of notification to cancel their purchase and receive a full refund of any amounts paid.
2. 3.3 The Price may be increased by the value of any variations requested by the Purchaser to the Goods and Services following
execution of the quotation form or other document between the Purchaser and the Supplier specifying the variation to the Price.
4. PAYMENT
0. 4.1 Payment of the Price of the Goods and Services shall be made as follows:
0. 4.1.1 “Ducted Systems” to be split as follows: 50% deposit, with the final 50% on completion of the installation; Final
payment may not be withheld or delayed once system is commissioned and working. (Delayed delivery of
components that do not affect the working system is not cause to delay or withhold final payment)
1. 4.1.2 “Floor and High Wall Systems” to be split as follows: 50% deposit with the remainder due on completion of
Installation
2. 4.1.3 Any remaining balances are to be paid immediately on completion of delivery and (where applicable)
installation as detailed in the Order Form.
1. 4.1.4 The Supplier reserves the right to charge a $250 reschedule fee in a situation where the installation of a system has been
booked and
2. the system is unable to be installed on the day due to circumstances outside the control of the Supplier and the customer has
not notified the Supplier at least 24 hours prior to the installation booking date.
3. 4.2 Notwithstanding its other rights, the Supplier may charge the Purchaser default interest at the rate of 2.5% per month or part
month on any amount owing after its due date
4. 4.3 If payment is not received within 20 working days of delivery the Supplier will pass recovery to a debt collector and the
Purchaser shall be liable for any costs charged by the debt collector.
5. 4.4 For the avoidance of doubt, the Supplier and the Purchaser each acknowledge and agree that this contract is not a
consumer credit contract for the purposes of the Credit Contracts and Consumer Finance Act 2003.
5.QUOTATION
0. 5.1 Where a quotation is given by the Supplier for Goods and Services:
0. 5.1.1 Unless otherwise agreed in writing the quotation shall be valid for 14 days from the date of issue; and
1. 5.1.2 The Supplier reserves the right to alter the quotation price because of circumstances beyond its control.
1. 5.2 Where the actual cost of the Services exceeds the Price (due to circumstances that could not have been anticipated at the
time of agreeing the Price) or if Goods are required in addition to those Goods and Services that are included in the Price, the
Purchaser agrees to pay for the additional cost of such additional Goods and Services provided that the Supplier notifies the
Purchaser of such additional costs in advance.
2. 5.3 Where the actual cost materially exceeds the Price, the Supplier will notify the Purchaser of the additional costs. The
Purchaser may, within 2 working days, cancel the sales order and receive a full refund of any part of the Price paid at that time.
6. RISK
0. 6.1 The Goods remain at the Supplier’s risk until delivery to the Purchaser.
1. 6.2 Delivery of Goods shall be deemed complete:
6.2.1 when the Supplier gives possession of the Goods directly to the Purchasers or possession of the Goods is given to a
carrier, courier or other bailee for the purpose of transmission to the Purchaser; or
6.2.2 if installation is required, when installation at the Install Address specified in the Quote is complete.
7. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
0. 7.1 Title in any Goods and Services supplied passes to the Purchaser only when the Purchaser has made payment in full for all
Goods and Services provided by the Supplier and of all other sums due to the Suppler by the Purchase on any account
whatsoever. Until all sums due to the Supplier by the Purchaser have been paid in full, the Supplier has a security interest in all
Goods and Services.
1. 7.2 If the Goods and Services are attached, fixed, or incorporated into any property of the Purchaser, by way of any
manufacturing, installation, or assembly process, title in the Goods and Services shall remain with the Supplier until the
Purchaser has made payment for all Goods and Services.
1. 7.3 The Purchaser gives irrevocable authority to the Supplier to enter any premises occupied or owned by the Purchaser, or on which
Goods are situated, at any reasonable time after default by the Purchaser or before default if the supplier believes a default is likely to
remove and repossess and Goods The Supplier shall not be liable for any costs, damages, expenses or losses incurred by the Purchaser or
any third party as a result of the Supplier taking any action that is reasonably necessary in order to exercise this right, nor liable in contract
or in tort or otherwise in any way whatsoever unless in statute such liability cannot be excluded, except where any loss is caused solely and
directly because the Supplier has been negligent or wilfully causes damage. The Supplier may either resell any repossessed Goods and
credit the Purchasers account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may
retain any repossessed Goods and credit the Purchaser’s account with the invoice value thereof less such sum as the Supplier reasonably
determines on account wear and tear, depreciation, obsolescence, loss of profit and costs.
2. 7.4 Under sections 120 and 121 of the Personal Property Securities Act 1999, where Goods are repossessed by the Supplier pursuant to
clause 7.3, the Purchaser has a statutory right to receive advance notice from the Supplier of such repossession, and to object to the
repossession within 10 working days of receiving notice from the Supplier. Under this Agreement, the Purchaser waives the right to receive
notice and to object to the repossession. By signing the Quote, the Purchaser agrees to give up these rights.
3. 7.5 The following shall constitute defaults by the Purchaser:
7.5.1 Non Payment of any sum by the due date
7.5.2 Before full payment of the Price is made by the Purchaser, any Goods and Services are seized by any other creditor of the Purchaser
or any other creditor intimates that it intends to seize Goods and Services and remains in bankrupted or put into liquidation or receiver is
appointed to any of the Purchaser’s assets or a landlords distrains against any of the Purchaser’s assets, or a Court judgment is entered
against the Purchaser remains unsatisfied for seven (7) days.
8. DISPUTES AND RETURN OF GOODS
8.1 The Purchaser may return the Goods for change of mind up to 30 days from delivery, provided that, unless the Purchaser has rights under the Fair
Trading Act 1986;
8.1.1 The Goods are in undamaged condition and are suitable for resale; and
8.1.2 The Purchaser pays the Supplier a restocking fee of 10% of the purchase price paid for the Goods
9. LIABILITY
9.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or
impose obligations upon the Supplier which cannot by law (or which can only to a limited extent by law) be excluded or modified.
9.2 Nothing in this clause 9 excludes the Supplier’s liability for the negligent or wilful acts or omissions of the Supplier.
9.3 The Supplier shall not be liable for any damage caused to any Goods, whether partially installed, installed, or otherwise,
caused by the Purchaser or by any third party.
10. PRODUCT WARRANTY
10.1 Manufacturer’s product warranty applies where applicable to the Goods.
10.2 Any written product warranty provided by the Supplier to the Purchaser shall also be a part of this Agreement.
11. PURCHASER WARRANTIES
11.1 The Purchaser warrants that it is legally entitled and empowered to purchase the Goods and Services and have the Goods
installed at the Address described on the Quote, and to make decisions regarding placement, operation, and specifications of
the Goods. The Purchaser shall be liable for the cost of any changes requested to the Goods and Services that are a result of
another interested party, including, but not limited to, a spouse of the Purchaser or other resident of the Address described on
the Quote, requesting alterations to the Goods and Services from the original Goods and Services contemplated in any quote. If
a Price increase applies, the Supplier shall notify the Purchaser as soon as practicable. The Purchaser shall have 5 working
days from the date of notification to cancel their purchase and receive a full refund of any amounts paid.
11.2 The Purchaser warrants that it is fully satisfied with the placement, appearance, operation, performance, and
specifications of the Goods as described prior to installation. The Purchaser shall be liable for the cost of any changes
requested to the Goods and Services that result from a change in opinion regarding any of these elements following execution
of the Quote. If a Price increase applies, the Supplier shall notify the Purchaser as soon as practicable. The Purchaser shall
have 5 working days from the date of notification to cancel their purchase and receive a full refund of any amounts paid.
12. COPYRIGHT
12.1 The supplier owns and has copyright in all designs, specifications, documents, work and software produced by the Supplier in connection with the
Goods and Services pursuant to this contract. The Purchaser may use the Goods and Services only if paid in for in full and only for the purpose for
which they were intended and supplied by the supplier.
13. CONSUMER GUARANTEES ACT
13.1 Where the Purchaser is ‘in trade’ (within the meaning of the Consumer Guarantees Act 1993 – CGA), the parties each confirm, acknowledge and
agree that:
13.1.1 they are each ‘in trade’;
13.1.2 the Goods and Services are supplied to the Purchaser and acquired by the Purchaser in trade and for a business purpose; and
13.1.3 the Goods and Services are supplied to the Purchaser and acquired by the Purchaser in trade and for a business purpose; and
the statutory guarantees and implied terms, covenants and conditions contained in the CGA are excluded to the fullest extent permitted at law, and do
not apply.
14. MISCELLANEOUS
14.1 Failure by the Supplier to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any
of the rights or obligations the Supplier has under this contract.
14.2 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the
remaining provisions shall not be affected, prejudiced or impaired.