Network Refrigeration & Air Conditioning Pty Ltd is your local expert on commercial refrigeration and residential air conditioning. We’re based in Brendale, Brisbane, and serve SE QLD, Gold Coast, and Sunshine Coast. We wanted to simplify legal nuances so our clients could confidently make educated decisions. You can rely on us for excellent service and a thorough comprehension of the legal implications of air conditioning and refrigeration. Give us a call today!
“Contractor” shall mean Network Refrigeration & Air Conditioning Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Network Refrigeration & Air Conditioning Pty Ltd.
“Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Contractor to the Client.
1. At the Contractor’s sole discretion, the Price shall be either:
2. The Contractor reserves the right to change the Price in the event of a variation to the Contractor’s quotation.
3. At the Contractor’s sole discretion, a deposit may be required.
4. The Contractor may submit a detailed payment claim at intervals not less than one month for work performed up to the end of each month. The value of work so performed shall include the reasonable value of authorised variations, whether or not the value of such variations has been finally agreed between the parties, and the value of materials delivered to the site but not installed.
5. At the Contractor’s sole discretion:
6. Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due seven (7) days following the date of the invoice.
7. Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to five per cent (5%) of the Price), or by direct credit, or by any other method as agreed to between the Client and the Contractor.
8. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
1. At the Contractor’s sole discretion, delivery of the Goods shall take place when:
2. At the Contractor’s sole discretion, the costs of delivery are:
3. The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged, then the Contractor shall be entitled to charge a reasonable fee for redelivery.
4. Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
5. The Contractor may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6. The failure of the Contractor to deliver shall not entitle either party to treat this contract as repudiated.
7. The Contractor shall not be liable for any loss or damage whatsoever due to failure by the Contractor to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Contractor.
1. The Contractor and Client agree that ownership of the Goods shall not pass until:
2. Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognized, and until then, the Contractor’s ownership or rights in respect of the Goods shall continue.
3. It is further agreed that:
1. Returns will only be accepted provided that:
1. Subject to the conditions of warranty set out in clause 11.2, the Contractor warrants that if any defect in any workmanship of the Contractor becomes apparent and is reported to the Contractor within twelve (12) months of the date of delivery (time being of the essence), then the Contractor will either (at the Contractor’s sole discretion) replace or remedy the workmanship.
2. The conditions applicable to the warranty given by clause 11.1 are:
• The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
3. For Goods not manufactured by the Contractor, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Contractor shall not be bound by nor be responsible for any term, condition, representation, or warranty other than that which is given by the manufacturer of the Goods.
4. To the extent permitted by statute, no warranty is given by the Contractor as to the quality or suitability of the Goods for any purpose and any implied warranty is expressly excluded. The Contractor shall not be responsible for any loss or damage to the Goods or caused by the Goods, or any part thereof, however arising.
5. The conditions applicable to the warranty given on Goods supplied by the Contractor are contained on the “Warranty Card” that will be supplied with the Goods.
6. In the case of second-hand Goods, the Client acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by the Contractor as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Contractor shall not be responsible for any loss or damage to the Goods or caused by the Goods, or any part thereof, however arising.
1. The Client and/or the Guarantor/s agree for the Contractor to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Contractor.
2. The Client and/or the Guarantor/s agree that the Contractor may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
3. The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
4. The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes and for other purposes as shall be agreed between the Client and Contractor or required by law from time to time:
5. The Contractor may give information about the Client to a credit reporting agency for the following purposes:
1. Where the Client has left any item with the Contractor for repair, modification, exchange or for the Contractor to perform any other Service in relation to the item and the Contractor has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Contractor shall have:
2. The lien of the Contractor shall continue despite the commencement of proceedings or judgment for the Price having been obtained.
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