Crawshaw Air Terms & Conditions
These terms govern every contract for sale of goods and/or provision of services by Crawshaw Air.
(a) Must provide Crawshaw Air with free and timely access to all areas and equipment, and allow Crawshaw Air to start and stop the equipment, conduct testing and carry out work as is necessary to perform the required services; and
(b) Warrants that it has disclosed all faults within its knowledge about the premises and obtained the necessary authorisations for Crawshaw Air to carry out its work.
Work performed under this agreement will occur between the hours of 7.30am to 4.00pm Monday to Friday.
3. Quotation and payment
The customer must pay all invoices within 14 days from the date of invoice (Due Date) and without prejudice to any other remedy, should any invoice remain unpaid after the Due Date then:
(a) The customer must pay interest on the overdue amount at an annual rate equal to 8.00% calculated on a daily basis; and
(b) Should that invoice remain unpaid for a further 14 days, then Crawshaw Air may stop all work without notice and/or terminate this agreement, and the entire amount will be payable immediately on demand.
Prices quoted are based on the specification, drawings and/or information supplied by the customer. Should any alteration or deviation from the scope of work occur that results in additional labour or a change in, or additional, materials then additional costs will apply (on a time-and-material basis at rates then in effect).
4. Warranty and Claims
Crawshaw Air warrants:
(a) (Installation warranty) a guarantee of workmanship on new installation for a period of 9 months by Crawshaw Air in the event of any defect; and
(b) (Service warranty) a guarantee of workmanship for service repair work for a period of 9 months where the works will be performed again in the event of any defects associated with the initial service work.
A service under warranty will only be available between the hours of 7.30am to 4.00pm Monday to Friday, excluding public holidays, and 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 on new air conditioning units and new parts are subject to the manufacturer’s warranty. Crawshaw Air will extend to customer the benefits of any warranty Crawshaw Air has received from the manufacturer. However, where permissible by law, the customer must pay for all work undertaken in carrying out a repair (including costs of freight, travelling and reinstallation) if the manufacturer’s assessment determines the claim does not fall within the manufacturer’s warranty terms.
Risk in goods passes on delivery to the customer. The customer must provide proof of purchase to make a claim under any warranty.
Goods and services provided 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 goods and services repaired or rectified as applicable if the goods fail to be of acceptable quality and the failure does not amount to a “major failure”.
The benefits to you given by Crawshaw Air’s warranty are in addition to other rights and remedies that you may have under law in relation to the products to which this warranty relates.
If the customer wishes to make a claim under warranty, it should:
• Telephone: 02 9904 8123; or
• Email: email@example.com; or
• Write to: PO Box 647, Lane Cove, NSW 1595.
The customer agrees that claims may be made under the Building and Construction Industry Security of Payment Act 1999 NSW (as amended from time to time).
Crawshaw Air’s liability in respect of a breach of a consumer guarantee for any goods or services not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at its option:
(a) In relation to the goods:
(i) The replacement of the products or the supply of equivalent products;
(ii) The repair of the products;
(iii) The payment of the cost of replacing the products or of acquiring equivalent products; or
(iv) The payment of the cost of having the products repaired; and
(b) In relation to the services:
(i) The supply of the services again; or
(ii) The payment of the cost of having the services supplied again.
5. Retention of Title
All equipment supplied and installed remains the property of Crawshaw Air until all amounts outstanding have been paid. In the event of a default by the customer, then without prejudice to any other rights, which Crawshaw Air may have, Crashaw Air or its agent may:
(a) 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; or
(b) Recover and resell the goods.
If the goods cannot be distinguished from similar goods which the customer has or claims to have paid for in full, Crawshaw Air may in its absolute discretion seize all goods matching the description of the goods and hold for a reasonable period so that the respective claims of Crawshaw Air and the customer may be ascertained. Crawshaw Air must promptly return to the customer any goods the property of the customer and 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.
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 Crawshaw Air. Such part will be an amount equal in dollar terms to the amount owing by the customer to the Crawshaw Air at the time of the receipt of such proceeds. The customer will pay such funds held in trust upon the demand of Crawshaw Air.
6. Limitation on Claims
To the maximum extent permitted by law, neither party will make any claim in connection with this agreement (including damages for breach), unless legal proceedings have been properly issued and validly served on the other party within 1 year from the date of the work.
To the maximum extent permitted by law:
(a) The customer may only recover once for the same loss from Crawshaw Air, and cannot bring a claim for any amount or loss to the extent that:
(iii) It would have been able to claim the amount under an insurance policy had it insured in the way normally done by prudent businesses carrying on a business like theirs.
(b) The liability for Crawshaw Air for all claims in aggregate by the customer is limited to an amount equal to the contract value;
(c) All other warranties whether implied or otherwise, not set out in these terms are excluded and Crawshaw Air is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
(i) Any increased costs, delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Crawshaw Air employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control; or
(ii) Loss of use, loss of profit, increased operating or maintenance expenses, claims of third parties including customer’s tenants or clients, or any special, economic, indirect or consequential loss.
No claim by the customer for breach of or non-compliance with any provision of this document is enforceable unless written notice of the claim has been given and Crawshaw Air has failed to remedy that breach or non-compliance within 28 days of receipt of that notice.
7. Personal Properties and Securities Act 2009 (Cth) (“PPSA”)
(a) Defined terms in this clause have the same meaning as given to them in the PPSA.
(b) Crawshaw Air and the customer acknowledge that these terms constitute a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of Crawshaw Air over the goods supplied or to be supplied to the customer as Grantor pursuant to these terms.
(c) The goods supplied or to be supplied under these terms fall within the PPSA classification of ”Other Goods” acquired by the customer.
(d) The customer acknowledges that Crawshaw Air, as Secured Party, is entitled to register its interest in the goods supplied or to be supplied to the customer, as Grantor, under these terms on the PPSA Register as Collateral.
(e) The customer waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the customer, as Grantor, to Crawshaw Air.
(f) The customer agrees to indemnify Crawshaw Air on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the:
(i) Registration or amendment or discharge of any Financing Statement registered by or on behalf of Crawshaw Air; and
(ii) Enforcement or attempted enforcement of any security Interest granted to Crawshaw Air by the customer.
(g) The customer agrees:
(i) That, to the extent permitted at law, nothing in sections 130 to 143 of the PPSA will apply to these terms or the Security under these terms;.
(ii) To waive it’s right to do any of the following under the PPSA:
(A) Receive notice of removal of an Accession under s 95;
(B) Receive notice of an intention to seize Collateral under s 123;
(C) Receive notice of disposal of Collateral under s 130;
(D) Receive a Statement of Account if there is no disposal under s 130(4);
(E) Receive notice of retention of Collateral under s 135;
(F) Redeem the Collateral under s 142;
(G) Reinstate the Security Agreement under s 143;
(H) Object to the purchase of the Collateral by the Secured Party under s 129; and
(I) Receive a Statement of Account under s 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
To the fullest extent permitted by law, the customer shall indemnify and hold the harmless Crawshaw Air, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to legal fees, arising out of or resulting from breach, performance or work, provided that such claim, damage, loss or expense is caused in whole or in part by an act or omission of the customer, anyone directly or indirectly employed by the customer, or anyone for whose acts the customer may be liable, regardless of whether it is caused in part by the negligence of Crawshaw Air.
Unless otherwise agreed to in writing by Crawshaw Air, the customer 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.
The customer must take all reasonable action to mitigate any loss suffered for which a claim could be made. Nothing in this document restricts or limits any general obligation at law to mitigate any loss or damage.
The price agreed does not include any expense covering damage arising from hidden or unknown contingencies found at the job site. For 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 quote.
This agreement shall exclude the following items and it shall be the responsibility of the customer to provide these services unless otherwise agreed in writing:
(a) The performing of any building work including (but not limited to) patching, painting, flashing, boxing in;
(b) Furring in, plinths or platforms;
(c) Metered electrical mains brought to a point adjacent to the equipment as required;
(d) Alterations to the switchboard or existing mains supply; and
(e) Condensate drains brought to a point adjacent to the equipment as required;
Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect. No amendment to these terms, whether in the customer’s purchase order or otherwise, is binding unless agreed to in writing by an authorised employee of Crawshaw Air.
A right may only be waived in writing, signed by the party giving the waiver.
This document is governed by the law in force in New South Wales and each part submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
* * *