Terms & Conditions
terms & conditions of Trade
These terms and conditions sets out the terms under Altitude Air Solutions Pty Ltd ABN 63 648 272 673 (Altitude Air Solutions, or “we, us”) provides goods or services to you (being the individual, company or legal person purchasing such goods or services) (the Client, or “you”).
QUOTES
- Based on our communications with you, we will prepare a draft Quote for you, written or otherwise agreed (Quote). Without limiting or otherwise affecting clause 1.(b), you agree that signing a Quote will constitute your acceptance of that Quote and form a binding contract between us.
- You will be taken to have accepted these terms and the Quote if you sign them or otherwise indicate your acceptance of them, or if you order, accept or pay for any goods or services provided by Altitude Air Solutions, or continue to accept goods or services from us, after receiving or becoming aware of these terms.
- In the event of any inconsistency between these terms and any Quote, the clauses of these terms will prevail to the extent of such inconsistency.
- In accordance with a Quote, we will provide you with the goods set out in the Quote (Supply Goods) and/or the services set out in the Quote (Services) in exchange for your payment of the total price for those Supply Goods and/or Services (Order Price).
- You are responsible for confirming that your Quote accurately specifies (if applicable):
(i) the quantity and specifications of the Supply Goods and/or Services required;
(ii) the agreed Order Price, other rates and the requested date for installation. - You acknowledge and agree that:
(i) the quoted price may change depending on actual Services provided;
(ii) by accepting a Quote, you are committing to paying the total amount payable under these terms and conditions in accordance with clause 4 including any variations or additional costs necessary to complete your order.
SUPPLY GOODS
(a) Altitude Air Solutions will provide the Supply Goods and/or Services specified in the Quote or as otherwise agreed with you.
(b) (Electrical Requirements) You must provide an electrical power supply for installation of the Supply Goods and/or Services. We may bring a licensed electrical contractor if required as set out in the Quote or as otherwise agreed with you.
SERVICES
(a) If the Quote states that Services applies, Altitude Air Solutions will perform the Services set out in the Quote at the times set out in the Quote or as otherwise agreed with you.
(b) (Payment of Service Labour Rate) If applicable, you must pay the total of the quoted service labour rate multiplied by the quoted hours in accordance with the relevant invoice.
(c) (Quoted Hours) You acknowledge and agree that any quoted hours are our best estimate of the work required based on the information you have provided to us. If additional hours are required to properly perform the Services, we reserve the right to charge for additional hours at the quoted or agreed service labour rate.
(d) (After Hours) If you require work to be performed after hours, including where you fail to make the premises available during work hours, you will be required to pay our after hours rates, as quoted to you or otherwise agreed.
PAYMENT
(a) (Payment obligations) You must pay the Order Price and all other amounts payable in accordance with these terms and conditions in the amounts and at the times set out in the Quote, by invoice or otherwise agreed.
(b) (Payment Due Date) Unless otherwise agreed all payments are due 7 days after you receive an invoice.
(c) (Service Variations) Altitude Air Solutions reserves the right to vary the Order Price in a Quote if additional work is required to provide the Supply Goods and/or Services.
(d) (GST) Unless otherwise indicated, price amounts stated by Altitude Air Solutions do not include GST. In relation to any GST payable for a taxable supply by Altitude Air Solutions, you must pay the GST subject to Altitude Air Solutions providing a tax invoice.
(e) (Card surcharges) Altitude Air Solutions reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(f) (Termination) Altitude Air Solutions may terminate these terms and any Quote by written notice or otherwise to you, if you are in breach of any obligation to pay money and you fail to pay the money within 7 days of the payment due date.
LATE PAYMENT AND DEBT RECOVERY
If you do not pay an amount due under this agreement on or before the date that it is due:
(a) you must pay Altitude Air Solutions interest at the rate of 5% per month on the amount due, calculated on a daily basis;
(b) Altitude Air Solutions may seek to recover the amount due by referring the matter to debt collectors;
(c) you must reimburse Altitude Air Solutions for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under these terms; and
(d) you authorise Altitude Air Solutions, its employees and agents to enter any premises occupied by you or any other place where Supply Goods are located and use reasonable force to retake possession of the Supply Goods without liability for trespass or any reasonable damage.
LIMITED INSTALLATION WARRANTY – NEW GOODS AND INSTALLATION ONLY
(a) (Limited Warranty) Our new installations come with a 5 year full parts and labour warranty on the installation, materials and Supply Goods we use provided in the warranty terms and conditions with specified models of Supply Goods (if any).
(b) (Manufacturer’s Warranty) Manufacturers of Supply Goods may also provide a 5 year full parts and labour warranty which will be provided to you.
(c) (No warranty for lack of maintenance) Warranty claims will only be accepted if the Supply Goods and/or Services are faulty and you comply with the provisions of this clause 6 and will not be provided where the goods and/or services are faulty due to your fault such as lack of maintenance.
(d) (Faulty products/installation) If you believe your Supply Goods or installation Services are faulty, please contact us using the contact details provided in your Quote or below, with a full description of the fault (including images if possible). If we determine, in our absolute discretion:
(i) that your Supply Goods or installation Services may be faulty, we will conduct a further inspection before deeming a product or installation fault. If we determine that the relevant Supply Goods or installation Services are faulty and covered by this warranty, you will be given the option of a refund of the full amount paid, an exchange or conducting the installation Services again. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request;
(ii) that the relevant Supply Goods and/or installation Services are not faulty, or are faulty due to lack of maintenance, fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your warranty claim and charge you for our Services at our applicable service labour rate;
(iii) If you fail to comply with the provisions of this clause 6 in respect of defective Supply Goods and/or installation Services, we may, in our absolute discretion, issue only a partial refund or no refund in respect of such defective Supply Goods and/or Services, provided that nothing in this clause 6 is intended to limit the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
(e) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(i) to cancel your service contract with us; and
(ii) to a refund for the unused portion, or to compensation for its reduced value.
(f) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
(g) (Change of mind return) We do not accept returns for change of mind.
(h) (Error in the specifications) We do not accept returns for any error or miscommunication in any specifications set out in the Quote. It is your responsibility to ensure such details are correct.
DELIVERY, TITLE AND RISK
(a) Until the price of goods is paid in full, title in those goods is retained by Altitude Air Solutions.
(b) Risk in the goods will pass on delivery to the Client. Delivery may not be refused by the Client.
(c) If the Client does not pay for any goods on the due date for payment, the Client authorises Altitude Air Solutions, its employees and agents to enter any premises occupied by the Client or any other place where the goods are located and use reasonable force to retake possession of the goods without liability for trespass or damage.
(d) Altitude Air Solutions may at its option keep or resell goods retaken from the Client.
LIABILITY
(a) (Limitation of liability) To the maximum extent permitted by applicable law, Altitude Air Solutions excludes completely all
liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these terms or any goods or services provided by Altitude Air Solutions.
(b) Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Altitude Air Solutions’ liability for breach of that non-excludable condition, warranty or guarantee will, at Altitude Air Solutions option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(c) (Indemnity) You indemnify Altitude Air Solutions and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of any goods or services provided by Altitude Air Solutions, including the Supply Goods and Services.
(d) (Consequential loss) To the maximum extent permitted under applicable law, under no circumstances will Altitude Air
Solutions be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these terms or any goods or services provided by Altitude Air Solutions, including the Supply Goods and Services.
GENERAL
(a) (Governing Law) This agreement is governed by the law applying in New South Wales, Australia.
(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and
courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(c) (Notice) Any notice given under these terms must be in writing and addressed to us at the details set out in the Quote or otherwise provided to you when you engage us. A notice may be sent by standard post or email and will be regarded as given and received 48 hours in the case of post, or 24 hours after the email was sent.
(d) (Disputes) Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(e) (Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(f) (Further Acts and Documents) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these terms.
(g) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior consent of each other party.
(h) (Subcontracting) Altitude Air Solutions may subcontract its obligations under these terms without obtaining your prior approval.
(i) (Entire Agreement) These terms, and any accepted order or Quote under these terms, embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement. To the extent of any inconsistency between these terms and the terms of an accepted order, these terms prevail.
For any warranty claims or other queries please contact us at:
Address: 2/118 Somers St, Lawson NSW 2783
Phone: 0477 700 044
Email: info (at) altitudeairsolutions (dot) com (dot) au