AAIRCO PTY LTD t/a DJK AIR CONDITIONING ABN 81 083 116 643
Please read the following Terms and Conditions carefully before accessing, using or obtaining any materials, information, products and services provided by DJK Air Conditioning.
Your access to and use of the services of DJK Air Conditioning represents your acceptance of and compliance with these terms which you are therefore bound to. If you disagree with any part of the terms then you may not access the service.
The whole of the Agreement between AAIRCO Pty Ltd ABN 81 083 116 643 (“DJK Air conditioning”) and the Applicant referred to in the Credit Application (“Customer”) are those set out in these Terms and Conditions as amended from time to time and those, if any, which are implied and which cannot to excluded by law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter offer. By receiving delivery and/or supply of all or a portion of the materials and/or parts and/or labour and/or services supplied by DJK Air Conditioning under these Terms (“Goods”), the customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.
All Goods are charged at the price ruling at the date of invoice and any Goods and Services Tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (“GST) or other government imposts shall be payable by the Customer
3. CREDIT TERMS
3.1 Payment is due on the last working day of the month immediately following the month of deliver/supply (as determined in Claus 4.2) of the Goods unless otherwise stated in writing by DJK Air Conditioning. If payment is not received by the due date, DJK Air Conditioning may charge liquidated damages at a rate equivalent to two percent (2%) in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983.
3.2 Invoices in respect of the Goods shall be rendered to the Customer on the date of delivery/supply as determined in Clause 4.2.
3.3 The Customer is liable for all reasonable expenses (including contingent expenses such as debit collection commission) and legal costs (on a solicitor/own client basis) incurred by DJK Air Conditioning for enforcement of obligations and recovery of monies due from the Customer to the Carrier.
4. DELIVERY & SUPPLY
4.1 Any items quoted for deliver and/or supply are estimates only and DJK Air Conditioning shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relived of any obligation to accept or pay for goods by reason of any delay in delivery/supply or dispatch. DJK Air Conditioning reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
4.2 The risk of damage, loss or deterioration of any Goods will pass to the Customer upon the earlier of dispatch or expiry of seven (7) days from the date of notification by DJK Air Conditioning to the Customer that the Goods are available for collection.
5.1 Until full payment has been made for all Goods, and any other sums in any way outstanding from the Customer to DJK Air Conditioning from time to time:-
5.1.1 All sums outstanding become immediately due and payable by the Customer to DJK Air Conditioning if the Customer makes default in paying any other sums due to DJK Air Conditioning, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgement entered against it in any court or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms.
5.1.2 The property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as Bailee for DJK Air Conditioning (returning the same to DJK Air Conditioning on request). The Goods shall nevertheless be at the risk of the Customer from the time referred to in Clause 4.2 and the Customer must insure the Goods from the time referred to in Clause in 4.2.
5.1.3 The Customer is only authorised to sell the Goods (or any portion of them) to third parties as the fiduciary agent of DJK Air Conditioning provided that there shall be no right to bind DJK Air Conditioning to any liability to such third party by contract of otherwise. All payments (direct or indirect) received from such third parties by the Customer for the Goods (or any portion of them) shall be held on trust for DJK Air Conditioning pursuant to the fiduciary relationship.
5.1.4 In the event that the Customer incorporates or transforms the Goods (or any portion of them) into any other goods or products produced by the Customer (or third party), then the Customer must hold a proportion of any payment (“relevant proportion”) received by the Customer for such goods or products on trust for DJK Air Conditioning. The Customer expressly acknowledges that the relevant proportion shall be equal to the dollar value the portion of the Goods incorporated or transformed and the Customer further acknowledges that any part payment (not exceeding the relevant proportion) received by the Customer for such goods or products is received as payment first of the relevant proportion.
5.1.5. DJK Air Conditioning is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and act on its behalf, if necessary, to recover possession of the Goods.
6. RETURNS, CANCELLATIONS & CLAIMS
6.1 The Customer shall not return any Goods to DJK Air Conditioning without obtaining prior authorisation (including an authorisation number) from DJK Air Conditioning. Unauthorised returns will not be accepted. No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods. A list of the Goods returned including product descriptions, quantity, date of return and the Customer’s name and address must also be enclosed. Freight charges must be paid for by the Customer. The Customer shall also pay any restocking fee charged by DJK Air Conditioning. All Goods must be returned in merchantable quality (as determined solely by DJK Air Conditioning) with the original packaging and the Customer shall be responsible for all damage incurred during return shipment. A Credit note will be issued by DJK Air Conditioning only after Goods returned are either collected by Needhamair’s authorised representative or agent or returned to it by the Customer as set out above. The Customer shall not deduct the amount or any anticipated credit from any payment due to DJK Air Conditioning by must await receipt of a credit note.
6.2 No cancellations or partial cancellation of an order by the Customer shall be accepted by DJK Air Conditioning unless it ahs first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which as determined by DJK Air Conditioning, will indemnify DJK Air Conditioning against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment.
6.3 All complaints, claims, or notification of lost Goods, Incomplete Goods, Goods damaged in transit or Goods that do note comply with the Customer’s purchase order must be submitted by the Customer to DJK Air Conditioning in writing within seven (7) days of the date of deliver of the Goods. Otherwise, the Customer shall be deemed to have accepted the Goods and shall not refuse to pay for the Goods on the bases that they were lost, incomplete, damaged in transit, or do not comply with the Customer’s purchase order.
7. PRIVACY ACT 1988 (“PRIVACY ACT”)
To enable DJK Air Conditioning to assess the Customer’s application for credit, the Customer authorises DJK Air Conditioning:-
7.1 To obtain from a credit reporting agency a credit report containing personal information about the Customer and its guarantors pursuant to Section 18k(1)(b) of the Privacy Act;
7.2 To obtain a report from a credit reporting agency and other information in relation to the Customer’s commercial credit activities.
The Customer must notify DJK Air Conditioning in writing within seven (7) days of:-
8.1 Any alteration of the name of ownership of the Customer.
8.2 The issue of any legal proceedings against the Customer.
8.3 The appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer.
8.4 Any change in the ownership of the business name of the Customer.
The Customer agrees that it shall be liable to DJK Air Conditioning for all Goods supplied to the new owner by DJK Air Conditioning until notice of such change is received.
9.1 No warranties except those implied and which cannot be excluded by law are given by DJK Air Conditioning in respect of goods or services supplied. Where it is lawful to do so, the liability of DJK Air Conditioning for a breach of a condition or warranty is limited to the repair or replacement of the goods, the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or acquiring equivalent goods the supplying of the services again or the payment of the cost of having the services supplied again, as determined by DJK Air Conditioning.
9.2 In the event that Goods are manufactured and supplied to the Customer, under the Customer’s specification or design the Customer:
9.2.1 Warrants that there is no infringement of intellectual property rights or any other rights of third parties.
9.2.2 Shall indemnify DJK Air Conditioning fully in respect of any damages, interest and costs (on a solicitors/own client basis) incurred by DJK Air Conditioning in defending proceedings brought by third parties.
9.3 The Customer warrants and covenants to DJK Air Conditioning that the information in the Credit Application is accurate and not misleading and the Customer acknowledges and is aware that DJK Air Conditioning is and shall rely on that information.
10. FAILURE TO ACT
DJK Air Conditioning’s failure to enforce or insist up the timely performance of any term, condition, covenant or provision in these Terms, or DJK Air Conditioning’s failure to exercise any right or remedy available under these Terms or at law, or DJK Air Conditioning’s failure to insist upon timely payment of monies when due or to demand payment of any changes or fees which accrue or any extension of creditor forbearance under these Terms shall not constitute a waiver of any subsequent default or a waiver or DJK Air Conditioning’s right to demand timely payment of future obligations or strict compliance with the Terms.
11. LEGAL CONSTRUCTION
11.1 These Terms shall be governed by and interpreted according to the laws of Queensland. DJK Air Conditioning and the Customer consent and submit to the jurisdiction of the courts of Queensland.
11.2 Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.