Terms of Supply
“Us, We and Our” means Aerobolt Australia Pty Limited (ABN 91 127 162 047).
“You and Your” means the customer named in the invoice and any person acting on behalf of that customer and purchasing or hiring the Products from Us.
“Products” means all products, tools and other equipment listed in the invoice and supplied to You and if a product is being rented, means those products described in the Rental Schedule attached to this document.
2. Terms and conditions
Thank you for choosing Us as your preferred supplier of the Products. The terms and conditions that are set out in this document are the conditions under which We have provided the Products to You. This document therefore constitutes a legally binding contract between us.
3. Payment terms
- Payment for the Products is strictly 31 days from the end of the month the Products are supplied to You.
- We may charge you interest at the rate of 10% p.a. on the outstanding amount (calculated on a daily basis) if You do not pay any amount under this document by the due date.
- Unless otherwise stated, the amounts payable by You are exclusive of all taxes and levies, and any disbursements incurred in delivering the Products to your premises.
4. Delivery, title and risk
- Risk in the ordered Product passes to you upon it being collected by Our nominated carrier/courier. Title in the Product passes to you only upon you paying for the price and the shipping in full.
- We will, through our nominated carriers and couriers, endeavour to deliver your Products by any estimated dates and timeframes (if any) that are notified. However, We do not guarantee the delivery of Products by any estimated dates and timeframes, if at all, as the delivery process is out of Our control.
- We DO NOT accept any responsibility or liability for:
- any damage caused to the Products during transit;
- the Products being lost during the transit process;
- the Products being stolen after being delivered to your nominated delivery address (or any local depot or post office should you not be present at the address to receive the Products when they are delivered); or
- any delay in the delivery of the Products.
- It is your responsibility to effect the necessary insurances (including freight insurance).
- You should ensure that someone is at the address when the Products are delivered so that you can physically check the Products and take steps to ensure that it does not get stolen or misplaced. It is your responsibility to pick up the Products should they be redirected to a local depot or post office.
- We may send you the tracking details once the Product has been shipped, so you should therefore firstly chase things up on your end with the relevant shipping company if there is a delay or wish to find out where in transit your item is before you contact Us.
- You give us irrevocable authority to enter any premises on which the Products are kept in order to allow Us to remove and repossess any Product after default by You of any of the terms of this document.
- You charge in Our favour all of Your assets and undertakings (whether real or personal property) with the amount payable by You to Us under this document.
5. Product warranty, returns and refunds
- Subject to paragraph (4), You are entitled to have the Products repaired or replaced if the Products fail to perform in accordance with the manufacturer's specifications for a period of 12 months from the date the Products are purchased by You (Standard Warranty).
- Products presented for repair under the Standard Warranty may be replaced by refurbished products of the same type rather than being repaired. We also reserve the right to rely on the manufacturer’s warranty with respect to a Product.
- To the full extent permitted by law, the Standard Warranty will not apply:
- if the Product has not been installed, operated, maintained or used in accordance with the manufacturer's instructions or specifications;
- to damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, power surges, any act of God or unauthorised repairs by any persons; and/or
- to damage arising during transportation, installation or while moving the Product.
- The Products come with guarantees and rights that cannot be excluded under the Australian Consumer Law. These include, but are not limited to, the following:
- Entitlement to a replacement or refund for a major failure or any other reasonably foreseeable loss or damage.
- Entitlement to have the relevant Product repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
- Please note that We do not issue a refund or replacement if you change your mind about Our Products.
- You are entitled to refunds and exchanges in accordance with your consumer guarantees and rights under the Australian Consumer Law and any other applicable legislation.
- Without limiting your statutory guarantees and rights that cannot be excluded by law, if:
- the Product is defective or suffers a major failure, We will provide you with a refund or replacement of the Product (at your election); or
- the Product are not of merchantable quality and does not amount or a major failure, then We, at Our discretion, will provide you with refund or replacement of the Product
provided that you;
- contact Us within seven (7) days of despatch of the Products; and
- return the Products within seven (7) days of contacting Us at your cost.
- Any refunds will be made in accordance with your original payment method (unless otherwise agreed).
- Subject to the Australian Consumer Law, to be eligible for return, Products must be:
- unused and in original, unopened, undamaged and re-saleable condition; and
- accompanied by original proof of purchase.
- Upon receipt of the returned Products, We will inspect the subject Product and, if satisfied with the condition of the Product and the fact that it had a major defect or suffered a failure, We will comply with paragraph (8) above.
6. Our liability
- Nothing in this document will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to these terms and conditions by law, including under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), where to do so would be illegal or render any provision of these terms void or unenforceable.
- To the extent permitted by law and notwithstanding any other term of this document, Our liability under this document (including the supply of the Products to you) is limited, at Our discretion, to:
- replacement of the Product;
- supply of an equivalent product;
- repair of the Product; or
- refund to You of any payment made by you with respect to the Product.
- We will not be liable for any indirect, consequential or punitive damages (including loss of profit or disruption to business) arising in the course of supplying or repairing the Products.
- Subject to the terms of this document, You cannot make any claim (of any nature whatsoever) against Us with respect to Your use of the Products.
- To the full extent permitted by law, Our liability to you for a breach of any non-excludable warranty, condition or guarantee is limited to the price paid by you in the one (1) month preceding the relevant claim.
- With respect to the Products, you agree that you are liable for and indemnify Us in respect of any:
- damage, loss, cost or expense (whether direct or indirect);
- any breach or alleged breach of any of your representations, warranties or obligations contained in this document; and
- other claim brought against Us by a third party
- To the full extent permitted by law, you agree to release and discharge Us and Our employees, contractors and agents from all liability (of any kind) arising out or relating to your use of the Products.
In consideration of Us providing the Products to You and until such time as full payment of all monies relating to the Products has been received, You grant to Us a purchase money security interest in the Products (as that term is defined in the Personal Property Securities Act 2009 (Cth) in favour of Us.
- The following events constitute a Default:
- You fail to pay any amount to Us by the due date for payment;
- any Products in Your possession are materially damaged while any monies due to Us remains unpaid;
- You become bankrupt or are put into liquidation or any other insolvency event affects you; or
- You breach any other term of this document.
- If a Default occurs, then We may:
- suspend providing further Products to You;
- require payments in cash before or on delivery of further Products;
- repossess the Products if you have not made payment in full for those Products; and/or
- sue You for breach of contract and exercise any other right We may possess at law.
9. Hire of Products
- This clause 9 and the Rental Schedule attached to this document only apply where You are hiring Products from Us.
- Provided that You comply with the terms of this document, You may use the Product for the term stated in the Rental Schedule.
- You must pay us the Rental Fees by the time and in the manner set out in the Rental Schedule.
- The Products are and will at all times be owned by Us. Entering into this document or using the Products does not give You any right to ownership of the Products or any part of them.
- You must keep the Products in Your possession at all times at Your premises specified in the Rental Schedule. Portable type Products may be taken outside of the premises nominated by You for use in the normal course of Your business.
- When using the Products, You must not do any of the things that are listed below:
- sell, hire, assign, mortgage, charge, pledge, loan or otherwise deal with the Products in any way;
- use or permit the Products to be used unlawfully or for any unlawful purpose;
- tamper with or make any change (by alteration, addition or otherwise) to the Products without obtaining Our consent; and
- attempt to repair the Products. (Contact Us firstly for any assistance).
- At Your own expense, You must:
- operate and use the Products in accordance with the manufacturer's instructions and recommendations and Our directions;
- keep the Products properly protected from damage or loss and tell Us immediately if any Product is damaged, lost or otherwise fails to function properly;
- give Our representatives timely and reasonable access to your premises to inspect the Products, check compliance by You with Your obligations of use under this document and service any Product which You have asked Us to service; and
- keep the Products in good condition and working order.
- On the expiry of the Rental Term stated in the Rental Schedule or earlier termination, You must (at Your expense) promptly return all Products in good condition (fair wear and tear excluded) to Us at such address as We may designate. If you fail to return the Products to Us by the time specified, then you must pay Us an additional fee at a daily rate on the existing Rental Fee.
- If You fail to return the Products or wish Us to collect the Product, We may ask You to pay Us our collection costs and expenses. We may repossess the Products wherever it may be if You do not return it.
- Upon returning the Products, You must pay any costs and expenses incurred by Us to restore the Products to good condition (fair wear and tear excepted), such costs and expenses to include repair and the replacement of missing or damaged parts.
- In the event the Products are damaged, lost or stolen, You will be liable for the full costs incurred by Us in repairing or replacing that Product (as the case may be).
- You warrant to Us that You have made Your own enquiries in relation to the Products, how it can be used by You and the legislative requirements of operating and using the Products.
- No warranties are given by Us in relation to the Products or any services other than those implied by law. In particular We do not warrant that the Products may be used for any particular purpose, including any particular purpose for which You intend to use the Products.
- We will not be liable for any delay or non-compliance with any of Our obligations to you for any events arising out of circumstances beyond Our control. During such events, Our obligations are suspended for the period that the event remains in effect.
- We take all complaints seriously and will use Our best endeavours to ensure all complaints are addressed promptly. If you have any complaints or issues please contact Us as soon as possible.
- This document is the entire agreement of the parties on the subject matter. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this document.
- We may assign our rights and obligations under this document by notice in writing to you. You must not assign your rights and obligations under this document without our prior written consent.
- The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right.
- The law in force in the State of New South Wales governs this document. The parties submit to the exclusive jurisdiction of the courts of New South Wales.