GENERAL

In these Conditions of Sale –  (1) The Firm shall mean Air & Allied Sales (Pacific) Pty Ltd, 1 / 50 Success Street, Acacia Ridge QLD 4110;  (2)The Customer shall mean the addressee of this document or quotation.

QUOTATIONS

Unless otherwise stated the Firm’s tender or quotation will be valid for a period of thirty days from date of issue, after which time acceptance of any order placed is subject to written confirmation.  The date of acceptance shall be the date upon which notice in writing of acceptance by the Customer of a tender or quotation is received by the Firm.

PRICES

    a) Unless otherwise stated all prices quoted (oral or otherwise) do not include freight, insurance, packing, or GST charges.
    b) The prices in this contract or quotation are based upon the present cost of equipment, materials, bought-out goods and plant, labour, transport, and statutory obligations.  If between the date of this contract or quotation and acceptance by the Customer, variations should occur (either by rise or fall) then the contract or quotation prices shall be amended accordingly.

IMPORTED GOODS

In so far as any quotation is in respect of goods or materials imported or to be imported, the quotation is based on the current list price of overseas supplier(s), current rates of Freight, Duty and Exchange.  Orders are accepted subject to any alteration of Supplier’s List Price, and Freight to date of shipment.  Duty and Primage to date of passing Entry and Exchange to due date of Payment being for buyer’s account.  Further, where goods are capable of being admitted under By-Law Customs Tariff then we shall endeavour to do so.  Should By-Law admission be refused we reserve the right to re-charge the goods at the full Duty rate applicable.

AVAILABILITY

All goods are quoted subject to prior sales.

RETURN OF GOODS

When goods are returned to the Firm for any reason whatsoever, prior arrangements for this acceptance must have been made with the Firm.  Unless such prior arrangements have been made, the Firm will not under any circumstances accept the responsibility or liability for goods returned.  Goods returned for credit will not be accepted     unless prior approval is given by the Firm.  Such authorized returns are to be despatched freight prepaid and will be subject to 20% handling charge.  All details of documents, and invoice numbers relating to original delivery must accompany the returned goods.

DELIVERY, INSURANCE, AND PASSING OF RISK

Availability of stock is as quoted subject to receipt of prior orders.  Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto.  The Firm will not insure any deliveries unless instructed to do so. The Customer covenants with the Firm that it shall provide for, or arrange for the provision of, the following services, the cost of which shall be borne by the Customer:
    a) The collection of the equipment from the Firm’s premises and the delivery thereof to the Customer’s premises;
    b) The insurance of the equipment from the time of collection of the equipment by the Customer or his agent.
Possession of the equipment shall pass to the Customer at the time the equipment is loaded onto the vehicle which is to effect delivery of the equipment from the Firm’s premises and the equipment shall thereafter be at the Customer’s risk.  The Customer is at liberty to collect the equipment from the Firm and to facilitate this, shall notify the Firm of this at the time he places his order.  In this event, the Firm’s delivery and insurance charge will not apply.

DAMAGE IN TRANSIT

The Customer shall be responsible for loss or damage to equipment as from the time the equipment is loaded onto the vehicle which is to effect delivery of the equipment from the Firm’s premises and the Firm shall not be under any obligation to give any statutory notice or other notice that it accepts no responsibility.

RESERVATION OF TITLE

Until payment in full is received by the Firm the goods and equipment shall remain the property of the Firm notwithstanding the taking of possession of the goods by the customer.  In the event of non-payment in accordance with the terms and conditions set out herein the Firm may at its option retake possession of the goods and equipment or any part thereof and/or sue for damages.
If the Firm elects to retake possession of the goods and equipment the Customer shall permit the Firm’s employees or representatives access to the Customer’s premises or any premises upon which the goods and equipment are stored at all reasonable times and in any event during normal business hours for the purpose of retaking possession of the goods and equipment.  The proceeds of any sale of the goods and equipment by you in the ordinary course of business shall be held by you in trust for the Firm until payment in full is made by you to the Firm.

STRIKE, LOCK-OUTS, AND OTHER FORCE MAJEURES

The Firm will not be in any way responsible for loss, damage, or delay arising from any cause whatsoever.

WARRANTY

The correct operation and maintenance of the equipment supplied in accordance with the directions laid down in the manufacturer’s operating manual supplied is the purchaser’s responsibility and any contravention of these instructions will render the warranty null and void.

WORK ON CUSTOMER’S PREMISES

Except where otherwise arranged, should work of any kind be carried out by the Firm on the Customer’s premises or any other premises or property, the Firm shall not be liable for any loss or damage occasioned to the purchaser or to his employees arising from any cause whatsoever connected in any way with such work.

INSPECTION AND CLAIM FOR DEFECTIVE DELIVERY

The Customer is responsible for immediate examination of equipment upon delivery and any deficiency or damage thereof must be reported to the Firm in writing within seven days of its receipt.  No claim for such damages or deficiency will be entertained unless made within the stated period.

TERMS OF PAYMENT

Terms of payment are nett cash thirty (30) days on approved credit accounts, otherwise nett cash on delivery.  The Firm reserves the right to charge interest up to 10% on accounts fifteen (15) to thirty (30) days over the due date of payment.  Credit will cease for accounts in excess of thirty (30) days over the due date of payment.  On extended contracts, progressive payments will be required and such terms will be stated in the quotation.  Until payment in full is received by Air & Allied Sales (Pacific) Pty Ltd the goods shall remain the property of the Firm.  The Firm is eligible to recover costs if debts are recovered by a Collection Agency.

EQUPMENT REPAIRS OR SERVICING

The unit, its accessories, and contents will only be accepted on the Firm’s premises on the condition that these items are at the Customer’s risk entirely whether theft or loss thereof or damage thereto arises from any want or care on the part of the Firm or the Firm’s contractors or servants or from any cause whatsoever.  Any claim for faulty workmanship is to be raised within seven days after the unit is returned to the Customer.  The     claim is limited solely to the rectification free of cost of the faulty work.  No claim for loss consequential or otherwise being admissible.

SERVICE AND REPAIR QUOTATION

Should any quotation covering the service or repairs to the Customer’s equipment not be accepted by the Customer and the work not continued, then a quotation charge will be invoiced to the Customer’s account and accepted for payment to the Firm.