TERMS AND CONDITIONS
BETWEEN:
THE CUSTOMER as set out in the Customer Contact information of the “Application for Trading Account – Agreement”; or the PREPAID Customer requesting products/services (“The Customer”); AND
RANDALL HEATING & VENTILATION PTY LTD ABN 80 143 115 315 of 81 Gleadow St, Invermay, TAS, 7248 (“Randall Heating”)
1. ApplicationThese terms and conditions apply to all Products required by the Customer during the term.
2. Price
2.1 Unless otherwise agreed by Randall Heating in writing, the Prices charged for the Products will be the prices shown for those Products in store and will be usual retail prices.
2.2 The Prices are inclusive of GST on the basis that the GST Rate is 10%. In the event that the GST Rate is increased, the Prices will be increased accordingly.
2.3 The Customer must not withhold, make deductions from, or set-off, payment of any money owed to Randall Heating for any reason.
2.4 Randall Heating will issue an invoice to the Customer at the time of supplying Products to the Customer.
3. Order for Products
3.1 The Customer agrees and acknowledges that this Agreement does not guarantee the supply of Products from Randall Heating to the Customer at any time.
3.2 Each supply of Products by Randall Heating to the Customer will be a separate contract between the parties and is governed by the general Terms and Conditions provided by Randall Heating to the Customer at the time of or prior to making the supply.
3.3 The Customer is required to make all orders in writing.
3.4 Where there is any inconsistency between this Agreement, and the general Terms and Conditions, this Agreement will prevail.
4. Delivery of Products
4.1 Randall Heating will not be liable for any delay in the shipping of Products.
4.2 Randall Heating or its authorised contractors may deliver Products in separate instalments where necessary.
4.3 The Customer agrees:
(a) Randall Heating or its authorised contractors may refuse to deliver Products, and return the Products at the Customer’s cost, if Randall Heating or a member of Randall Heating Personnel or its authorised contractors considers it would be unsafe for its authorised contractors to deliver the Products.
4.4 Randall Heating reserves the right to charge storage fees of 1% of the unit price when products not scheduled for installation with Randall’s authorised contractors remain uncollected after a period of 30 days. This fee will be charged on a monthly, ongoing basis until goods are collected.
5. Repayment Terms
The Customer must make full payment for each supply of Products, and any other amounts payable to Randall Heating:
a) Trading Account - within 30 days in which the Products were purchased, following the issue of a tax invoice or statement (or such alternative period agreed by Randall Heating in writing);
b) OR PREPAID – before receival.
5.2 Randall Heating may request that the Customer pay a deposit prior to supply of the Products and this request is at the sole discretion of Randall Heating.
5.3 Randall Heating may charge interest on outstanding balances owing by the Customer to Randall Heating, at the rate of 12% per annum calculated on a daily basis.
5.4 Randall Heating may charge the Customer a surcharge for payments made by EFTPOS, credit card, debit card or other electronic means as allowed by law.
5.5 The Customer hereby indemnifies Randall Heating and must reimburse Randall Heating for the full amount of any bank or other fees associated with any dishonoured payments or cheques and any legal costs (on a solicitor/party basis), debt recovery or other expenses incurred by Randall Heating associated with any action by Randall Heating to recover money from the Customer.
5.6 Randall Heating may withdraw credit facilities available to the Customer at any time without notice to the Customer.
5.7 The Customer agrees to charge in Randall Heating’s favour with payment of all monies owing to Randall Heating by the Customer any of their estate and interest in any land and/or in any other assets whether they are tangible or intangible in which the Customer currently has a legal and/or beneficial interest or in which they acquire such interest later.
5.8 Randall Heating retains title in all Products until the Customer has made payment in full.
6. Return of Products
6.1 The Customer agrees and acknowledges it is their responsibility to inspect the Products provided. Randall Heating reserves its right to dishonour any claims made after 72 hours from receival.
6.2 The Customer acknowledges that Custom Made items and Special Orders will not be refunded.
6.2 The Customer is liable for all costs associated with returning the Products to Randall Heating and all Products must be in original condition and packaging.
6.3 Randall Heating reserves its right to charge the Customer a 15% handling fee for any Products that are returned by the Customer.
7. Force Majeure
Randall Heating will not be liable to the Customer for any failure to perform, or delay in performing, Randall Heating’ obligations under these terms and conditions if the failure or delay is due to any cause beyond Randall Heating’ reasonable control.
8. Limitation of liability
8.1 Randall Heating excludes all express and implied conditions and warranties in relation to the TERMS AND CONDITIONS Products except those conditions and warranties that cannot be excluded by law and Randall Heating’ liability under any such conditions or warranties is limited to, at Randall Heating’ option, arranging to replace or repair the Products or resupplying the Products.
8.2 Nothing in these terms and conditions are intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or any Fair Trading Act except to the extent permitted by such Acts.
8.3 Randall Heating’ liability for any Liability or Claim in relation to these terms and conditions, and any supply of Products (whether under statute, contract, tort, negligence or otherwise) will be limited to the amount of the Price paid or payable by the Customer to Randall Heating.
8.4 Randall Heating will not be liable to the Customer for any Liability or Claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
9. Release and Indemnity
The Customer indemnifies Randall Heating and each member of Randall Heating Personnel from and against any Liability or Claim arising directly or indirectly in relation to:
(a) Any damage caused to the Products whilst they are in the possession of the Customer;
(b) the Customer or any member of the Customer’sPersonnel directly or indirectly causing any delay in the supply of any Products; and
(c) Randall Heating having to replace Products or resupply the Products, as a result of the actions or omissions of the Customer or any third party.
10. Personal Property Securities Act (2009)
10.1 The Customer consents to Randall Heating effecting a registration on the PPSA register in any manner that Randall Heating deems appropriate in relation to any security interest in the Product.
10.2 The Customer waives its right to receive notice of a verification statement in relation to any registration by Randall Heating on the PPSA register and any other notice required under the PPSA.
10.3 The Customer agrees to promptly execute any documents, provide all relevant information, fully cooperate with Randall Heating and do any act or thing that Randall Heating requires to ensure that any interest created under this Agreement is perfected and remains continuously perfected.
10.4 The Customer must not, without the prior consent of Randall Heating, allow any of the Products to become an accession to, or commingled with, any property that is not subject to a security interest under this Agreement.
10.5 The Customer agrees that until all monies owing to Randall Heating are paid in full, it shall not sell or grant any other security interest in the Products, nor shall it register a financing change statement in respect of the security interest without Randall Heating’ prior consent.
10.6 The Customer agrees that Randall Heating may, at its absolute discretion, apply any amounts received from the Customer towards amounts owing to Randall Heating in such as order as Randall Heating may determine.
10.7 The Customer agrees to reimburse Randall Heating upon demand for all costs and expenses incurred or payable by Randall Heating in relation to registering or maintaining any financing statement, releasing in whole or in part Randall Heating security interest or any other document in respect of any security interest, and for the enforcement of any rights arising out of Randall Heating security interest.
11. Privacy
The Customer hereby consents to Randall Heating (subject to its obligations under the Privacy Act 1988 (Cth)) at any time collecting, using and/or disclosing information about them which:
(a) Relates to but is not limited to identity, credit history and/or solvency;
(b) For the purpose(s) of assessing creditworthiness, risk and/or solvency and/or enforcing any of Randall Heating rights;
(c) By arrangement with any authorised agent(s), credit provider(s) and/or reporting service(s) and the like (including any banker(s), the ASIC, ITSA). Randall Heating may refuse to grant credit if any information to which it is entitled is not provided and the Customer otherwise agrees to allow Randall Heating access to such information. This Agreement may be produced as conclusive evidence of the Customer’s consent.
12. Credit Investigations
The Customer irrevocably authorises Randall Heating to make enquiries as they deem necessary to investigate the creditworthiness of the Customer at any time including with bankers of the Customer or credit reporting agency and including personal and consumer credit information. The Customer by this clause authorises any bankers or credit reporting agency to disclose to Randall Heating all information concerning the Customer which is in their possession. The Customer agrees that the information provided in this Agreement and any relevant trading information, including a breach of clause 5, arising from any dealings between the Customer and Randall Heating may be disclosed to any interested person including a credit reporting agency.
13. Definitions
In these terms and conditions:
“Claim” means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;
“Delivery Address” means the address for the delivery of Products as directed by the Customer to Randall Heating from time to time;
“GST” and “GST Rate” has the meaning defined in the A New Tax System (Products and Products Tax) Act 1999;
“Liability” means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);
“Personnel” means any employee, servant, contractor, subcontractor, agent, partner, director or officer of a party;
“Products” means the products purchased by the Customer from Randall Heating pursuant to this Agreement and the services provided;
“Term” has the meaning defined in clause 2.1 of these terms and conditions;
“Territory” means the whole of Australia.
14. Miscellaneous
14.1 The parties agree:
(a) these terms and conditions may only be amended with Randall Heating’ express written agreement;
(b) any waiver by Randall Heating must be express and in writing;
(c) Randall Heating’ rights under these terms and conditions do not exclude any other rights of Randall Heating;
(d) in the event of any dispute, Randall Heating’ records will be conclusive evidence;
(e) the actions of any person claiming to have theCustomer’s authority will bind the Customer to the extent permitted by law;
(f) if any provision of these terms and conditions is unenforceable, the provision will be severed and the remaining provisions will continue to apply;
(g) Randall Heating may assign any rights or benefits under these terms and conditions to any third party;
(h) the Customer may only assign any rights or benefits under these terms and conditions with Randall Heating’ prior written consent; and
(i) these term and conditions will be governed by the laws of, and the parties submit to the jurisdiction of the courts of the Australian Capital Territory.
14.2 In these terms and conditions:
(a) the headings will not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) any other grammatical form of a word or expression defined has a corresponding meaning;
(d) a reference to a document includes the document as novated, altered, supplemented or replaced;
(e) a reference to a party includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes;
(f) a reference to a person includes a natural person, body corporate, partnership, trust, association or any other entity;
(g) a reference to a statute, ordinance, code or law includes regulations, rules and other instruments under the statute, ordinance, code or law and any consolidations, amendments, re-enactments or replacements;
(h) the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;
(i) any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these terms and conditions; and
(k) if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed, or the event must occur on or by the next business day.
15. Randall Heating may amend the Agreement from time to time and will advise you in writing at the contact details provided in the Customer Contact Information.
