Terms and Conditions
General terms and conditions
1. Change of Terms and Conditions
Advantage Air may change its terms and conditions without prior notice.
2. Prices, GST and Discounts
The prices shown in the current price list are subject to change without notice. Prices in this price list are exclusive of GST. All items in this catalogue will attract GST.
3. Placing Orders
Orders are to specify an order number or reference, the date the order was placed and the components ordered with the preferred date of delivery of the components (“the delivery date”). While Advantage Air will make every effort to hold sufficient quantity of all the components in stock at all times, Advantage Air may not always have a sufficient quantity of all the components in stock at all times to satisfy the client’s order. Where Advantage Air cannot fulfil an order it will notify the client and offer alternative arrangements. If the client is not satisfied with the new arrangement proposed, they may cancel the order. Advantage Air may change the specifications of the components without notice.
4. Reservation of Right to Decline any Order
Advantage Air may decline any order received from the client within 5 days of the order being received by Advantage Air.
Advantage Air shall deliver each order to the site specified by the client by the delivery date between the hours of 7.00am and 5.00pm on Monday to Friday. Advantage Air is not liable for late delivery or failure to supply the components for reasons beyond its control. A delivery fee will be charged by Advantage Air and is payable by the client.
Risk in respect of the order and the component passes from Advantage Air to the client when the order is delivered to the site chosen by the client, whether or not he/she or his/her agent acknowledges receipt of delivery.
7. A/C Unit Delivery Storage
Units stored by and delivered to site from Advantage Air remain the property of the client. Advantage Air whilst providing due care in the units’ handling and storage, accepts no responsibility or liability for any damage or loss.
Terms of payment are strictly 30 days from the last day of the month of delivery of the order. It is company policy to stop supply on 45 days and hand over unpaid accounts over 60 days for collection unless we agree with the client in writing not to do so. Clients put on stop supply will automatically have their account facility reviewed.
9. Passing of Title
a) Retention of title Ownership of the components in an order passed from Advantage Air to the client free of encumbrances and all other interests when:
• Advantage Air receives payment for the order; or
• When the components in the order are sold by the client in the normal course of business; or
• When the components in the order are mixed with other goods in the normal course of installation.
b) Repossess components If the client does not pay for any of the components within 45 days from the end of the month of purchase or does anything to indicate that he will not be able to make payment within that period. Advantage Air is irrevocably authorised by the client to enter the client’s premises or the site where the components were delivered (or any premises under the client’s or his agents’ control where the components are held) and use reasonable force to take possession of the components without liability for the tort of trespass, negligence or payment of any compensation to the client whatsoever. The client warrants that he is lawfully authorised to take receipt of the components at the sites nominated by him.
10. Return of Components
Components returned for credit will only be accepted by Advantage Air if, in Advantage Air’s opinion, they are in their original condition. The client agrees that components that are non-standard or special items cannot be returned. Advantage Air will charge a handling fee of 25% of the purchase price of the components for credit. The client must notify Advantage Air within 24 hours of delivery of the order that he/she wants to return the components.
11. Supply to Other Persons
The client agrees that Advantage Air is entitled to supply components to any other person or firm.
Components subject to a warranty claim shall be replaced by Advantage Air as per the warranty policy here. All other conditions, warranties and liabilities are otherwise excluded. Please note that as of 01/02/13, spare parts for Control Air and Control Air Platinum systems are no longer available
If the client has not paid for the components within 30 days from the end of the month that the order was placed Advantage Air may, at its discretion, charge interest at 21% per annum on outstanding monies.
If, by reason of anything beyond its control, Advantage Air cannot perform the whole or part of its obligations under this agreement Advantage Air shall be relieved of those obligations to the extent and for the period that it is unable to perform them and shall not be liable to the client for the resulting loss.
If any provision in this lease or the application of that provision to any person or circumstance is or becomes invalid or unenforceable, then the remaining provisions of this lease are not affected and are valid and enforceable to the fullest extent permitted by law.
Any indulgence granted by Advantage Air shall not operate as a waiver of rights of Advantage Air who may elect at its absolute discretion to pursue its rights to the fullest extent possible by law in respect of its rights under the terms and conditions.
17. Legal Enforcement of Advantage Air’s Rights
Nothing shall compel Advantage Air to pursue any or all of the directors of a company or the partners in a partnership in respect of any outstanding debt owed to Advantage Air and Advantage Air may elect to enforce its rights against any inpidual director who shall then be obliged to look to its fellow directors or fellow partners for a contribution.
18. Default by a Company
In the event of a default by a company to meet its obligations for payment in a timely manner then Advantage Air has the right to pursue any director in his/her personal capacity or enforce any security that Advantage Air might be holding without having to first pursue the company or any fellow guarantors or directors.
19. Debt Collection Costs
Any costs or legal fees incurred by Advantage Air in relation to retrieving overdue amounts shall become payable by the client.
20. Ongoing Disclosure
If for any reason the directors of the company or the debtor in his/her personal capacity have any reason to suspect that the future operations of the company or the debtor’s financial position might deteriorate to such a degree that the future operations of the company or the entity is likely to be jeopardised through any number of reasons including but not limited to, the existence of a contractual dispute with the principal contractor (if any), enforcement action of a creditor of the debtor or a statutory authority such as the Australian Taxation Office, withdrawal of support by the bankers to the company and the like, then, Advantage Air shall be informed forthwith of such circumstances by the debtor or the directors.