Iskra Air Conditioning Pty Ltd ABN 34 122 936 485 (“Iskra Air Conditioning”)
Any instructions received by Iskra Air Conditioning from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Iskra Air Conditioning shall constitute acceptance of the terms and conditions contained herein and are binding and can only be amended with the written consent of the Iskra Air Conditioning. Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the price quoted
These conditions govern every contract for the sale of Goods and/or the provision of services by Iskra Air Conditioning to the Customer, constitute all the Terms and Conditions agreed between them to the exclusion of all other Terms and Conditions. No modification to these Conditions, whether put forward in the Customer’s purchase order or otherwise shall bind Iskra Air Conditioning unless agreed to in writing by its authorised employee.
These Conditions supersede any Terms and Conditions which have previously governed contracts for the sale of Goods and Services by Iskra Air Conditioning to the Customer.
The terms of payment to Iskra Air Conditioning are as follows:
For the supply and installation of air conditioning units payment is strictly COD unless otherwise agreed to.
Without prejudice to any other remedy, Iskra Air Conditioning reserves the right to charge a default charge on any overdue payments at an annual rate equal to the ANZ’s Bank’s current overdraft rate at the time the payment fell due.
Any quotation given by Iskra Air Conditioning is a mere invitation to treat and does not constitute a contractual offer. All quotations hold for 30 (thirty) days after issue unless otherwise specified, however Iskra Air Conditioning may withdraw a quotation at any time. Prices included in the quotation are based on the specification, drawings and/or requests by the Customer. Should the specification or Customer’s request change, then Iskra Air Conditioning reserves the right to vary the quotation price.
All quoted prices are inclusive of GST unless otherwise stated.
The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site: example – faults or deteriorations of the building structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the tender price.
Our quotations exclude the following items and it shall be the responsibility of the Customer to provide the same unless otherwise agreed in writing:
Any costs associated with instructions or requirements by any state or local authority for acoustic testing or treatment of the installed air conditioner or associated equipment.
It is the customer’s responsibility to obtain and cover any costs for any necessary approvals by the body corporate, local authorities or others unless specified in the quotation.
The times quoted for delivery are estimates only and Iskra Air Conditioning accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery.
Risk in the Goods passes on delivery to the Customer.
Service under warranty shall only be available between the hours of 7.30am to 4.00pm Monday to Friday, and excludes public holidays, and warranty does not include routine maintenance service including filter cleaning, rectification of faults arising from power failure, misuse of equipment, lack of routine maintenance or operator error.
Warranty for the purpose of this clause is:
a) Warranty on new air conditioning units and new parts are subject to the manufacturer’s warranty. However, where permissible by law, the customer must pay for all work undertaken in carrying out a repair if the manufacturer’s assessment determines the claim does not fall within the manufacturer’s warranty terms.
b) Installation warranty; a guarantee of workmanship and associated ductwork and materials on new installations whereby Iskra Air Conditioning will repair the product in the event of any defect.
The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
Failure on the part of the Client to properly maintain any Goods; or
Failure on the part of the Client to follow any instructions or guidelines provided by Iskra Air Conditioning; or
Any use of any Goods otherwise than for any application specified on a quote or order form; or
The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
Fair wear and tear, any accident or act of God.
The warranty shall be rendered void and of no force or effect if the Goods are repaired, altered or overhauled without Iskra Air Conditioning’s prior written consent.
In respect of all claims Iskra Air Conditioning shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
The Customer must provide proof of purchase to make a claim under any warranty.
All equipment supplied and installed by Iskra Air Conditioning remains the property of the Company until all monies outstanding to the Company in connection with these Terms and Conditions have been paid.
In the event of a default by the Customer, then without prejudice to any other rights which Iskra Air Conditioning may have at law or under this contract:
a) Iskra Air Conditioning or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
b) Iskra Air Conditioning may recover and resell the Goods;
i. If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Iskra Air Conditioning may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Iskra Air Conditioning and the Customer may be ascertained. Iskra Air Conditioning is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
ii. In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Iskra Air Conditioning. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Iskra Air Conditioning at the time of the receipt of such proceeds. The Customer will pay Iskra Air Conditioning such funds held in trust upon the demand of Iskra Air Conditioning.
Irrespective of whether Iskra Air Conditioning retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Iskra Air Conditioning is entitled to receive all insurance proceeds in respect of the Goods. The production of these terms and conditions by Iskra Air Conditioning will be sufficient evidence of Iskra Air Conditioning’s rights to receive the insurance proceeds without the need for any insurer or other third party acting on behalf of the insurer to make further enquiries.
Where the Client expressly requests Iskra Air Conditioning to deliver the Goods to an unattended location then such arrangement shall be at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are adequately insured.
The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a “major failure” and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a “major failure”.
The purchaser shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.
To the full extent permitted by law, the Customer will indemnify Iskra Air Conditioning and keep Iskra Air Conditioning indemnified from and against any liability and any loss or damage Iskra Air Conditioning may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by the Customer or its representatives.
a) These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
b) These Terms and Conditions contain all of the Terms and Conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.
d) No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by Iskra Air Conditioning will be considered to imply or constitute a further waiver by Iskra Air Conditioning of the same or any other term, right or remedy.