Terms & Conditions
IN CONSIDERATION of CustomAir (SA) Pty Ltd, A.B.N. 37 204 742 735 trading as Advanced Transport Refrigeration & Air-conditioning, (hereinafter referred to as "the Company”) providing services to the party or parties (hereinafter referred to as “the Customer”) named in the quote annexed to these conditions, the Customer acknowledges and agrees:
- These terms apply to and form part of any contract between the Company and the Customer and may be amended or superseded from time to time by notice given by the Company by any means.
- Liability for accounts held in more than one name shall be joint and several.
- The Customer acknowledges and agrees that the following applies to and forms part of any contract for the supply of goods by the Company and that these General Terms and Conditions take precedence over any terms and conditions which may be contained in any document provided by the Customer.
- The Supplier may, at its sole discretion, sub-contract all or any part of any order for supply.
Credit Account Customers are required to pay all amounts for purchases in full no more than 30 days from the end of the month during which any given purchase is made. In the event of a dispute, the complete undisputed portion of the account must be paid in accordance with the Payment Terms.
Interest on overdue accounts may be charged at a rate of 1.50% per month and, further, the Customer expressly undertakes to pay all such interest.
Should it be considered necessary by the Supplier to incur legal and/or other expenses, including any such expenses to any debt collection agency, in obtaining or attempting to obtain payment of any amount due by the Customer, the Customer shall be liable for such expenses. The Customer further acknowledges that those expenses will be calculated on a commission basis at a percentage rate of up to 25% of the amount owing and expressly agrees to pay those expenses irrespective of the amount of work actually performed by the agency. Amounts received by the Supplier may be applied first against interest, charges and expenses.
RETENTION OF TITLE AND RIGHT OF ACCESS
Property in any goods supplied or stored at the Customer’s site shall remain vested in the Company and shall not pass to the Customer until all monies owing by the Customer to the Company together with all collection, repossession and/or legal costs incurred, have been paid in full. The goods, whether separate or co-mingled, shall be stored in such a manner as to be clearly identifiable as the property of the Supplier until title has passed to the Customer and further, upon re-sale of the goods by the Customer, the Supplier shall have the right to trace the full proceeds of sale.
In the event that the Customer defaults in the payment of any monies owing hereunder, the Company and its employees or agents shall have the right to enter without notice upon the Customer’s premises or any other premises where the goods are known to be stored to repossess the goods and for this purpose the Customer shall grant reasonable access rights and the Company and its employees or agents shall be entitled to do all things required to secure repossession.
The Company shall not be liable for the failure of any component parts other than those installed by the Company. The liability of the Company to the Customer for any reason related to the performance of goods under this agreement shall be limited to the replacement or repair of the goods or the amount paid or payable by the Customer in respect of the particular goods. The Company shall not be liable for any loss or damage (including consequential loss or damage) arising from delay or failure in completing the supply of goods due to circumstances beyond its control.
With regard to retrofitting Refrigerant R134a, NO GUARANTEE at all can be given as to the performance of the air-conditioning system or the longevity of components which were not designed for use with R134a unless the conversion is performed to the specification recommended by vehicle and component manufacturers to Australian Standards.
This agreement shall be governed by and construed in accordance with the laws of South Australia and, where applicable, the Commonwealth of Australia, and the Customer submits to the non-exclusive jurisdiction of the courts of South Australia.
The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of the remaining provisions.
Clerical errors are subject to correction and do not bind the Supplier.
Headings are for ease of reference only and do not form part, or affect the interpretation, of these Terms and Conditions.