TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1 In these terms and conditions, unless the content otherwise requires: (a) Oz Air Group means the Oz Air Group entity specified on the sales invoice; (b) “Customer” means the Person named in the sales invoice; (c) “Order” or “Purchase Order” means any order for or any statement of intent to purchase any goods or services placed by the Customer with Oz Air Group; (d) “Sales Invoice” means the sales invoice issued by Oz Air Group to the Customer.
1.2 These terms and conditions: (a) Replace all prior terms and conditions issued by Oz Air Group to Customer; (b) Take precedence over any terms set out in the Customer’s purchase order, to the extent of any inconsistency: (c) Any special conditions specified on the Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions; and (d) The expression “Person” includes an individual, a body politic, a corporation, an association (incorporated or unincorporated), a statutory authority or any other authority or persons identified as the Customer.
2. Orders/Cooling Off Period.
Once an order has been accepted by Oz Air Group, there is a 5-day cooling off period for the customer, thereafter the order cannot be cancelled by the Customer. Customer must notify OZ Air Group in writing/email if any cancellations are to be made. The supply of goods or services is subject to availability. Oz Air Group reserves the right to suspend or discontinue the supply of goods or services to the Customer without penalty. If Oz Air Group is unable to supply all of the Customer’s order, these terms and conditions to apply to any part of the order supplied.
3. Pricing
3.1 Where a written quotation has been given by Oz Air Group, the selling price is the price specified in the quotation. In any other case, the price for goods supplied will be Oz Air Group’s list price ruling at the date of shipping and the charge services supplied will be at Oz Air Group’s prevailing rates at the time of supply. Prices are subject to change without notice and are not binding on Oz Air Group.
3.2 In cases where Oz Air Group intends to progress bill the Customer for the supply of goods or services, Oz Air Group will do so on a percentage (%) of completion of works basis and specify the billing schedule in its written quotation. A separate Sales Invoice will be raised for each progress payment in concordance with the billing schedule.
3.3 All prices are expressed net of any applicable goods and services tax to the amount to be paid by the Customer unless otherwise specified.
3.4 Oz Air Group will not be bound by any condition attaching to the Customer’s purchase order or acceptance of a sale unless Oz Air Group in writing expressly accepts such conditions.
3.5 A Quotation is not to be constructed as an obligation to sell but merely an invitation to treat and no contractual relationship will arise until Oz Air Group has accepted in writing the Customer’s purchase order.
4. Payment
4.1 The Customer must make immediate payment upon receipt of the Sales Invoice and must be paid on the same day of service/repair on Sales Invoice. Payment will be made by cash, cheque, EFTPOS or Credit Card with a 2% surcharge on top of payment for service.
4.2 If any part of a Sales Invoice is in dispute, the balance will remain payable and must be paid when due. The Customer has no right to set- off any claim against Oz Air Group from moneys owing to Oz Air Group.
5. Delivery
5.1 If requested by the Customer, and agreed by Oz Air Group, Oz Air Group will deliver the goods to an address specified by the Customer, in such cases; (a)The Customer will pay all charges associated with the delivery of the goods; (b) The Customer, or representative of the Customer must be present at the agreed place and time for delivery and must sign the delivery docket as acknowledgement that the goods and quantities described on the delivery docket have been delivered and comply with the Customer’s purchase order; (c) If the Customer or a representative of the Customer is not present, Oz Air Group may unload the goods at the agreed place for delivery, in which case, Oz Air Group is no longer responsible in any way for the goods; (d) Oz Air Group’s responsibility for delivery ceases at the delivery dock of the address at which point title (subject to clause 11(f) and risk in the goods will pass to the Customer. The Customer is responsible for; (1) Providing safe and adequate access to and from the delivery dock; (2) The loading or unloading of goods; and will pay for all damage and injury to person and to any public or private property which may result.
5.2 If Customer nominates their own vessel or vehicle to deliver the goods to the Customer then risk will pass when the goods are loaded onto the Customer’s nominated vessel or vehicle and Customer shall be responsible for arranging the insurance of the goods. Where Customer has nominated its own vessel or vehicle for delivery Oz Air Group will not be liable to Customer for any loss in the event of any failure in delivery or to arrange insurance.
5.3 Oz Air Group reserves the right to delivery in instalments and all such instalments, where separately invoiced, must be paid for without regard to the delivery of subsequent instalments. A part delivery of an order will not invalidate the balance of the order.
5.4 While Oz Air Group will use all reasonable endeavours to meet agreed dates, Oz Air Group shall not be liable to Customer for any direct, or indirect or consequential loss or damage whatsoever should it be delayed or prevented from delivering goods, supplying services, or otherwise performing any of its contractual obligations due to any cause or circumstances beyond BP’s reasonable control. Time is not of the essence in relation to the delivery.
5.5 Subject to clause 5.5 delivery must not be varied once they have been agreed, without Oz Air Group’s prior written approval. Should Oz Air Group agree to postpone delivery, the goods in question will be stored at the Customer’s risk and Oz Air Group reserves the right to impose a weekly storage charge. Where delivery is postponed for more than 3 months, Oz Air Group may increase any fixed contract prices to reflect Oz Air Group’s then current list price.
5.6 Oz Air Group may at its discretion sell any products still in its possession 3 months after the mutually deferred delivery date and seek damages for any loss incurred by Oz Air Group as a result of the deferment in the delivery date.
6. Supply only
Oz Air Groups’ Sale Invoice is made on a supply only basis. Installation and Commissioning (if any) is at the expense of the Customer unless otherwise specified in writing by Oz Air Group.
7. Dimensions, Performance Data & Other Descriptive Details
7.1 Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying associated with or given in a quotation, the descriptive literature or a catalogue may be subject to alteration without notice.
7.2 Oz Air Group reserves the right to make changes in the construction and/or design of goods and not withstanding any such changes the customer shall accept in performance of any order of Oz Air Group’s current corresponding standard models.
8. Claims and Returns8.1 All complaints, requests for return of goods, claims, or notification of lost, incomplete, damaged defective or non-compliant goods must be submitted by the customer to Oz Air group in writing within 7 days of the date of the delivery of the goods. Otherwise, the Customer shall be deemed to have accepted the goods and shall not refuse to pay for the goods on the basis that they were lost, incomplete, damaged, defective or do not comply with the Customer’s purchase order.
8.2 Oz Air Group will not accept the return of goods unless the following conditions are satisfied. (a) Oz Air Group’s written approval has first been obtained, which will include the issue of an authorisation number: (b)the goods are returned within 7 days of the issue of the authorisation number under clause 8.2 (a): (c) a copy of the relevant invoice is enclosed with the returned goods; (d) the goods are returned in merchantable quality (as determined solely by Oz Air Group) with the original packaging: (e) the Customer pays to shipping costs for the return of goods to a warehouse or other premises nominated by Oz Air Group and (f) the Customer pays to Oz air Group a handling charge equal to 15% of the price paid for the goods. Unauthorised returns will not be accepted. The Customer will be responsible for all damage incurred during return shipment. The Customer shall not deduct the amount or any anticipated credit from any payment due to BP.
9. Warranty
9.1 Certain legislation may imply warranties, terms or conditions that cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which Oz Air Group is entitled to do so, it’s liability is limited at its option to (a) In the case of goods; (a)replacement of the goods or the supply of equivalent good; (b) payment of the cost of replacing the goods or of acquiring equivalent goods, by credit to the by the Customer, for Customer’s account, in cash or by cheque at Oz Air Group’s discretion; or (c) repayment of any part of the purchase price of the goods which has been paid by credit to the Customer’s account, in cash or by cheque at Oz Air Group’s discretion. (b)In the case of services by supplying the services again.
9.2 Subject to clause 9.1 All goods supplied to Oz Air Group are covered by a written “Express Warranty” supplied with the goods when sold to the Customer. To the extent permitted by law, the Express Warranty is in substitution for all other terms, conditions, warranties and representations express or implied by statute or otherwise.
9.3 The Customer expressly acknowledges and agrees that it has not relied upon and OZ Air Group is not liable for any advice given by Oz Air group, it’s agents or employees in relation or value added tax, freight charges, and customs duty that shall be added to the suitability for any purpose of goods or materials supplied by Oz Air Group.
9.4 Manufacturer Warranty. All products will come with a minimum 5-year manufacturer warranty. Warranty to be given to each customer after each installation.
9.5 Installation Warranty. All installations will receive a 6-year installation warranty as required by law.
10. Liability
Subject to clause 9, Oz Air Group is not liable for any injury, damage or loss of any kind whatsoever and howsoever arising out of or in connection with the supply of goods and services including loss of profit, loss of revenue loss of contract, loss of goodwill or increased cost of workings, nor shall BP be under any liability in contract, tort or otherwise for any injury, damage, or loss whether consequential, special, indirect or otherwise arising out of or in connection with the supply of goods or services even if due to the negligence of BP or any of its employees or agents
11. Termination, Repossession of Goods & Recovery of Debt
If the Customer does not make any payment by the due date, exceeds its credit at any time, commits any other materials breach of these terms and conditions or an insolvency event in respect of the Customer arises or is reasonably suspected by Oz Air Group (“Default Event”), Oz Air Group may (without limiting any other right or claim it may have against the Customer) do any or all of the following; (a)Charge the Customer interest calculated on a daily basis on any portion of the Customer’s account that is overdue at the reference rate for business loans available to commercial customers from the financial institution that Oz Air Group banks plus 5% calculated from the date of the payment was due until the date payment is made (both dates inclusive); (b)Vary or withdraw any approved credit limit and/or terms of trade. (c) Cancel or suspend any unfilled orders or cease providing the services; (d) Terminate any contracts between Oz Air Group and the Customer and demand immediate payment of any monies due and outstanding under those contracts; (e) Cancel any rebate, discount or allowance due or payable by Oz Air Group as at the date of the Default Event. (f) Enter (at any time) any premises in which Oz Air Group’s goods are stored, to enable Oz Air Group to reclaim possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the Customer or any Receiver Manager or Administrator appointed over all or any part of its assets. For the avoidance of doubt, title in the goods immediately re-vest in Oz Air Group upon Oz Air Group asserting its right of entry under this clause 11(f); (g) Lodge a non-lapsing caveat or other similar instrument over any land or personal property of the Customer and the Customer hereby charges in favour of Oz Air Group all beneficial interest (freehold and leasehold) in land and personal property held now or in the future by the Customer with the payment of any monies owed to Oz Air Group. Furthermore, the Customer hereby irrevocably appoints all and any of Oz Air Group’s company secretary and credit manager or a Solicitor engaged by Oz Air Group as Oz Air Group’s lawful attorney for the purposes of doing all such acts and things and executing all such documents necessary to enable Oz Air Group to register a non-lapsing caveat or other similar instrument over any such freehold or leasehold property and for such purposes a declaration of default duly executed for an on behalf of Oz Air Group by such persons shall be deemed sufficient evidence of such default; or (h)Institute any recovery process as Oz Air Group in its discretion decides at the Customers cost and expense.
12. Alteration to Terms and Conditions
Oz Air Group may amend or vary these terms and conditions at any time by written notice to the Customer’s place of business or by posting an emended copy on Oz Air Group’s website www.ozairgroup.com.au and that the Customer will be bound by any such amendments.
13. Governing law
These terms and conditions and any contract including them shall be governed by the laws of the country in which the goods or services are supplied. The parties irrevocably submit to the jurisdiction of the appropriate court convenient to Oz Air Group in respect to any claims, proceedings and matters arising out of or in respect of these terms and conditions.
14.General
14.1 All clerical errors are subject to corrections and shall not bind Oz Air Group.
14.2 The invalidity or unenforceability of any provision of these terms and Conditions shall not affect the validity or enforceability of the remaining provisions.
14.3 Oz Air group’s failure to enforce, at any time or any period of time, any term of any contract incorporating these terms and conditions shall not constitute waiver of such term and shall in no way effect its right to enforce it.
14.4 Headings are included for ease of reference and do not form parts of or affect the interpretation of these Terms & Conditions of Sale.
14.5 These terms and conditions bind Oz Air Group, Customer and their respective successors and assigns.