KINGDOM AIR CONDITIONING PTY LTD – TERMS OF TRADE & SUPPLY
Application
Each sale is made on these terms. By ordering goods or services from Kingdom Air Conditioning, you agree to be bound by these terms. Any previous dealing you have had with Kingdom Air Conditioning does not affect these terms, nor will any terms or conditions set out in your order forms or other documents. However, if we provide you at any time with additional trading terms and conditions, those additional trading terms and conditions will take precedence over these terms to the extent of any inconsistency.
Terms of Payment
You must pay all invoices on completion of the job or within seven (7) days in which the goods or services were supplied, unless otherwise directed by us.
We reserve the right to charge an administration fee at the rate of 24% per annum, calculated daily, for overdue amounts.
In the event of the Customer being in default of their obligation to pay and the overdue account is then referred to a debt agency, and/or law firm for collection and the agency charges commission on a contingency basis the Customer shall be liable to pay as a liquidated debt, the commission payable by the Supplier to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery.
In the event that the account remains unpaid and is forwarded to a Solicitor or Recovery Agent then any costs, commissions or fees incurred will be added to the account and payable by you.
When more than one party is liable for payment of this account, they will be liable jointly and severally.
Upon any of the following events occurring payment will become due immediately, and your right to possession on any goods supplied by Kingdom Air Conditioning will cease and we will be entitled to recover possession of those goods:
- if you are a natural person, you commit any act of bankruptcy under the Commonwealth Bankruptcy Act 1966; or
- if you are a legal entity other than a natural person:
- you are unable to pay our debts as and when they fall due or;
- you become, resolve to become, or are under threat of becoming, subject to any form of insolvency administration.
You must pay to us any costs (including without limitation debt collector’s commission, court costs and solicitors’ costs on a full indemnity basis) we incur to recover (or attempt to recover) any overdue payment, or to repossess (or attempt to repossess) any goods.
Prices
The prices set (including these terms) are subject to alteration without notice. These terms continue to apply regardless of any discounts, which may be agreed to.
Goods & Services Tax
Where we make any supply to you, the consideration payable or to be provided for that supply will be increased by, and you must pay to us, an additional amount equal to the GST payable by us on that supply. You must pay this additional GST amount at the same time and in the same manner as you pay for the supply. Goods and Services Tax (GST) are detailed separately on our invoices.
Orders
Orders are accepted to our ability to fulfil. We do not accept responsibility for delays.
Warranty
- In lieu of any warranty, condition or liability express or implied by law of statue Kingdom Air Conditioning’s liability in respect of any defect in or failure of goods or for any loss, injury or damage attributable directly or indirectly thereto is limited to making good by repair or replacement goods of the Company’s manufacture which within a limited period of three (3) calendar months after despatch from our works shall have proved defective (fair wear and tear excepted) provided the goods have been properly maintained. In no circumstances shall Kingdom Air Conditioning be liable for any consequential loss whatsoever.
- This warranty shall not apply to any goods or components supplied by a person other than Kingdom Air Conditioning even though such goods or components may be included in equipment sold by us. In lieu of any warranty, condition or liability express or implied by law or statute in respect of such goods or components Kingdom Air Conditioning’s obligation shall be limited to passing on to the purchaser such guarantee restitution as Kingdom Air Conditioning shall actually receive from the manufacturer in respect of such goods or components.
- All other warranties, descriptions, representations or conditions as to fitness for any purpose merchantability or otherwise howsoever whether express or implied by law trade custom or otherwise are hereby expressly excluded. If Kingdom Air Conditioning shall be held to be liable for any misrepresentation, statement, warranty, condition, agreement or advice or communication of any sort express or implied whether such liability is in contract or tort, at law or equity or in any way whatsoever that the purchaser shall not be entitled to cancel the contract and Kingdom Air Conditioning’s liability shall in any event be limited to and shall not exceed the cost of making good by repair or replacement of the goods, components or equipment subject to this contract. Kingdom Air Conditioning shall in no event be liable for any indirect or consequential loss or damage whatsoever.
- Warranty is not transferable to any third party. It remains solely with the original purchaser.
Indirect Loss
In no circumstance whatsoever will Kingdom Air Conditioning have any liability in respect of any indirect or consequential loss suffered by the buyer.
Kingdom Air Conditioning Pty Ltd
ABN 86 629 710 363
QBCC 1511 2433