Terms and Conditions of Sale

These terms and conditions, and any amendments published from time to time on the “companies” website at http://airconelectrical.com.au (“Terms”) apply whenever the “Company” supplies any products or service (“Goods” and or “Services”) to any person (the “customer”), unless expressly agreed otherwise by the “Company” in writing. By requesting, ordering, purchasing or receiving delivery of any goods and or service the customer is deemed to have accepted these terms and to have agreed that they apply to the exclusion of all others.

1. General

1.1 A quotation made by the “Company” shall not be construed as an offer or obligation to supply in accordance with the quotation. The “company” reserves the right to accept or reject, at its discretion, any order for goods and or services.

2. Conditions of supply

2.1 Where the customer is a limited Company, the “Company” reserves the right to request an indemnity from the directors of that company. Where the Customer is a propriety Limited Company, the “Company” reserves the right to request a personal guarantee from the directors of that company. The customer agrees to pay the account in accordance with the “Company’s” Terms and conditions of sale.

3. Change of ownership

3.1 In the event the ownership or legal entity of the customer changes, the “Company” must be immediately notified in writing. Until such notification is received and acknowledged by the “Company”, liability for any unpaid account will remain with the Customer as disclosed in the “Company’s” records.

4. Terms of Payment

4.1 Payment is to be by cash or EFT or Credit Card on completion unless the “Company” has granted the “Customer” a credit facility.

4.2 If goods and or services are sold to the customer on credit then all invoiced amounts are payable within 30 days of the date of the invoice, unless otherwise agreed by the “Company” in writing.

4.3 The “customer” hereby agrees to indemnify and / or reimburse the “Company” in relation to any costs incurred by the “Company” in attempting to recover amounts owed by the “customer” to the “Company” pursuant to these terms and conditions of sale.

Commercial:

1. 20% on acceptance of tender

2. 40% on completion of rough in (unless monthly progress claim made)

3. 40% on practical completion (unless monthly progress claim made)

Domestic:

1. 50% deposit prior to commencing on site

2. 50% on completion of works

a) Upon reaching practical completion, no reason for non-payment of the final account is acceptable. Practical completion shall mean, either: (i) the handing over of keys for occupancy or, (ii) the commencement of trading, whether wholly or partially finished.

b) All invoices issued pursuant to the Security of Payment Act 2012.

5. Progress Claims

a) Progress claims for work delivered to site including all labour and materials, shall be submitted at predetermined intervals and where applicable shall include any amendments to the contract figure. b) All progress claims shall be payable within fourteen (14) days from date of claim. Should the client object to any claim for any reason whatsoever, written confirmation of the objection shall be notified within seven (7) days.

6. Non Payment of Progress Claims

Should the client fail to meet any progress claim within the time stated, the tenderer, at his discretion, reserves the right to withdraw all labour and materials and cease all work on the contract until such claims are paid.

7. Extras / Variations to Contract

Where the client directs any works to be carried out, which are not strictly in accordance with the quotation and/or drawings and specifications from which the quotation was prepared, then such works shall constitute an extra or variation to the contract and any additional costs incurred shall be chargeable to the client. Such variations must be agreed to in writing by both parties before such variations shall be commenced. 6. RECTIFICATIONS The tenderer, subject to manufacturers’ and suppliers’ warranties as to materials, guarantees such materials and its workmanship for a period of twentysix (26) weeks from the date of completion providing such defects have not been caused by another party. Notifications of any contract defects are the responsibility of the client and must be received by the tenderer prior to the expiration of the rectifications period.

8. Cancellation of Contract

Cancellation of the contract or part thereof can only be made with the tenderer’s written consent, and will be subject to charges relevant to the amount of monies committed and incurred in the procuring, completing and cancelling of the contract, to the time of acceptance of said cancellation.

9. Retention Monies and/or Liquidated Damages

a) Unless specifically nominated, no allowances are made in tenders for retention monies or liquidated damages.

b) Tenders do not allow for G.S.T. except if itemised on quotation.

10. General Conditions

a) Tenders are given on the undertaking that the tenderer and his agents and subcontractors shall have clear and unrestricted use of the work area at all times. The tenderer reserves the right to cease work if clear and unrestricted use is not available. No responsibility shall be accepted for any damages to any property where clear and unrestricted site usage is encroached upon or restricted.

b) The tenderer shall not incur any liability for items damaged during works operations which are not the responsibility of the tenderer.

c) The tenderer does not accept any responsibility for the damage of items (whether tenderers' or others) if handled or moved by others.

11. Strike and Delay Clause

No liability will be accepted by the tenderer for any loss, delay, damage, directly or indirectly caused by labour disputes, accidents, fire, acts of God, or any other circumstances in whole or part beyond the direct control of the tenderer.

12. Default Clause

The goods shall remain the property of Airconditioning & Electrical Services Pty Ltd notwithstanding that the goods have been delivered to and actually received by the purchaser, or may have been installed at, or affixed to any premises, and notwithstanding that the possession of the goods may have passed to a third party. If the purchaser shall fail to finalise payment to Airconditioning & Electrical Services Pty Ltd at the time or in the manner specified, the vendor may enter on any premises in the possession of the purchaser’s and may re-take possession of the goods or some part or parts thereof.