1. INTERPRETATION & DEFINITION

In these conditions: –

“Vendor” means Slater Air Conditioning and Mechanical Services (ABN 31 812 712 773) and its related bodies corporate.

“Purchaser” means the Purchaser of the Goods specified overleaf.  “Goods” means the equipment and services specified overleaf.

 “Quotation” means the quotation specified overleaf

1. QUOTATION

2.1   Unless previously withdrawn, the Quotation is open for acceptance within the period stated therein or, when no period is so stated, within 30 days only after its date. The Vendor reserves the right to refuse any order based on the quotation within 7 days after the Purchasers acceptance of the Quotation.

2.2  No variation, modification or waiver to the Quotation shall be binding  upon the vendor unless accepted in writing by the vendor.

2.3 Unless otherwise stated all prices all prices quoted are for supply delivery and or installation, as applicable, during normal working hours Monday to Friday. Supply, delivery and or installation outside these hours may incur a surcharge.

2.4 Prices quoted that include delivery are based on the delivery vehicle being able to unload promptly and without delay upon arrival at the Job Site. A waiting time or hourly hire surcharge may apply when a delivery vehicle is detained at the Job Site.

2.5 Unless otherwise stated all prices quoted by the Vendor are inclusive of GST and any other statutory charges.

2.6 Prices quoted are based on current at the date of Quotation and any alterations thereto before acceptance of or during the currency of the contract shall be to the purchaser’s account.

2.7 All surcharges such as, outside normal working hours, delivery vehicle waiting time and additional charges shall be at the Vendors ruling rate at the time of supply. The purchaser should contact their local Vendor sales office for specific details of applicable surcharges.  

2.8  Should prescribed payment tax deductions or any other deductions be applicable by the Purchaser to the Quotation, then these deductions  should be notified before the Purchaser accepts this contract.

1. DELIVERY

3.1 If requested by the purchaser and agreed to by the Vendor, the Vendor will deliver the Goods to an address specified by the purchaser. In such cases:-

     3.1.11 Unless the quoted price is inclusive of delivery to a nominated location, the Purchaser will pay all charges associated with the delivery

     3.1.2 The purchaser is responsible, up until the point of delivery for insurance and for any loss or damage upon delivery of the Goods to the Purchaser or the agent of the Purchaser or to the destination nominated by the Purchaser or to the carrier nominated by the Purchaser.

     3.1.3 The Purchaser or a representative of the Purchaser must be present at the agreed place and time of the delivery and must sign the delivery docket as acknowledgment that the Goods and quantities described on the delivery docket has been delivered and comply with the Purchasers order and the purchaser also excepts any applicable delivery surcharges.

     3.1.4. If the Purchaser or, a representative of the Purchaser is not present, the Vendor may unload the Goods at the agreed place of delivery, in which case the Vendor is no longer responsible in any way for the goods. 

3.2 The delivery times made known to the Purchaser are estimates only and the Vendor shall not be liable for late delivery or non-delivery and under no circumstances shall the Vendor be liable for any loss, damage, or delay on any occasioned to the Purchaser arising from late or non-delivery or late installation of the Goods. 

1. INSTALLATION

4.1 The purchaser must ensure that the area where the Goods are to be installed: –

4.1.1  Is free and clear so as to allow any and all, machinery associated with the installation to enter the Job Site and to complete such installation without hindrance, and

4.1.2 Has adequate electrical power available at the site of installation (should upgrading the Purchasers power be necessary to accommodate the Goods then the cost of such upgrade will be additional in the price set out in the quotation) 

4.2 Should it be necessary to hire or use cranes or any other heavy equipment to facilitate the installation of the Goods the additional costs incurred will be charged to the purchaser.

4.3 The purchaser is responsible to lodge with all relevant government authorities and statutory or public authorities (if necessary) any application for approval for installation of the Goods.

4.4 The extent of the work undertaken by the Vendor is based on information set out in the Quotation. Should any additional work not covered by the Quotation be required during the installation of the Goods the Vendor will submit a separate Quotation for the Purchaser’s approval before such work is proceeded with.

4.5 The Vendor is not responsible for noise and or vibration emanating from the Goods unless specifically requested by the Purchaser and accepted by the Vendor in writing. Any performance figures given by the Vendor are estimates only. The Vendor shall not be under any liability for damages for failure of the Goods to attain such figure unless specifically guaranteed in writing and any such guarantee shall be subject to the recognized tolerances application for such figures. The Purchaser is responsible for selecting the appropriate site for the installation of the Goods so as not to create a nuisance. 

1. DELAYS

5.1    In the event that there is any delay in delivery or failure to deliver the goods or to install the goods due to weather, fire, labour dispute, strike unavailability or delay in availability the Goods or any equipment associated with the Goods or transport or other causes whatsoever beyond the Vendor’s control the: –

     5.1.1  The vendor shall not be liable for any loss or damage sustained by the Purchaser or any other person by reason of any such delay or failure.

      5.1.2 The Vendor shall be entitled to suspend deliveries for such period as it may think fit or terminate the contract, first suspend deliveries then terminate the contract, and shall not be liable for any loss or damage sustained by the purchaser or by any other person by reason of such suspension or termination.

      5.1.3 If the commencement of the installation of the work is delayed for more than 60 days after the acceptance of the agreement by the Purchaser then the vendor shall be entitled to amend the Purchase price to the Vendor’s ruling rate and charges for the Goods and Labour rates applicable at the time of actual supply of the Goods.

5.2 If the purchaser shall fail to install gas and or electrical service to enable the Vendor to carry out final installation and commissioning of the Goods the Vendor shall be entitled to receive payment of the full purchase price for the Goods notwithstanding that installation of the Goods has not reached practical completion.

5.3 The Purchaser waives any claims for shortage or damage of any goods delivered if a claim in respect thereof has not been lodged with the Vendor within 2 days from the date of receipt of the Goods by the Purchaser.

1. WARRANTY

6.1     All specifications, drawings and particulars of weight and dimensions submitted to the Purchaser are approximate only and any deviation shall not be taken to vitiate any contract with the Vendor. The description, illustration and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods.

6.2 The Vendor warrants that the Goods delivered are free from defects in material and workmanship except such defects as normally regarded as being commercially acceptable.

6.3 All other warranties which would be imported into these terms by statute are negated unless negation is specifically forbidden by statute.

6.4 The Goods are covered by the Vendor’s specific warranty terms and conditions, which are detailed in the Warranty Certificate provided and the condition of sale.

6.5 The Vendor’s liability for Good’s manufactured is limited to repairing and replacing at the Vendor’s discretion the Goods or installed services provided that:-

      6.5.1 Defects have arisen solely from faulty materials or workmanship.

      6.5.2 The Goods have not received maltreatment, inattention, or interference; and

      6.5.3 Accessories of any kind used by the Purchaser are manufactured by or approved by the Vendor.            

6.6 The Vendor will not be liable for any damage arising out of or in connection with special, consequential, direct or indirect loss; damage; harm or injury suffered or incurred arising from the supply, installation or use of the Goods unless such liability is imposed by statute.

6.7 Restoration or removal of any structure which may impede the installation of the Goods is excluded from the Vendor’s Warranty unless specifically included and allowed for in the Quotation.

1. TERMS OF PAYMENT

7.1 The Purchase Price in relation to the Goods shall be payable on the days and in the manner scheduled overleaf.

7.2 Title to the Goods shall not pass to the Purchaser until payment of the full Purchase Price is received by the Vendor from the Purchaser and the Purchaser acknowledges that:-

      7.2.1 Until full payment is made the Purchaser holds the Goods as bailee of the Vendor and that a fiduciary relationship exists between the Purchaser and the Vendor.

      7.2.2 Until payment is made for the Goods the Purchaser shall hold the Goods in such manner that the Goods are clearly identifiable as the property of the Vendor and if the Purchaser sells any of the Vendors Goods as a fiduciary agent of the Vendor provided that such sales shall not give rise to any obligation on the part of the Vendor.

     7.2.3 Any fees or charges incurred by debt collecting, will be payable by the Purchaser and interest will be charged.

     7.2.4 The Purchaser hereby charges all land owned or in the future acquired by them to secure payment of all monies which are or may become owing under this agreement and consents to an absolute caveat being registered by the Vendor at any time in respect of such land to protect its charge.

7.3 Risk in the Goods shall pass to the Purchaser upon delivery of the Goods to the Purchaser or collection of the Goods by the Purchaser’s agent or courier, as the case may be.

1. CANCELLATION

  No order may be cancelled except with consent in writing and on terms, which will indemnify the Vendor against all losses   

1. PLACE OF CONTRACT

The supply of the goods and services by the Vendor shall be governed by

the laws of either the state or territory in which the office of the Vendor specified on this form is located, or the state or territory in which the supply was made, at the sole discretion of the Vendor, The Vendor and the Purchaser herby agree to the non-exclusive jurisdiction of the Courts in the Capital city of either of the states or territories as nominated by the Vendor.

1. AGREEMENT

  These terms and conditions (including the details set out on the schedule overleaf) represent the entire Agreement between the Vendor and the Purchaser and any alterations or additions must be in writing signed by both the purchaser and the Vendor.