Trading Terms

TERMS & CONDITIONS OF SUPPLY & INSTALLATION
ARC: AU54214
ABN Number – 86 628 994 409

TERMS & CONDITIONS OF SUPPLY & INSTALLATION

1) Incorporation & Acknowledgement

These terms & conditions apply to the supply and installation of air conditioning and heating goods by Blitz Refrigeration & Air Conditioning Pty Limited (CAN) trading as “Blitz Air” and constitute all of the Terms & Conditions agreed between the parties to the exclusion of all other Terms & Conditions.

No modification to these Terms & Conditions, whether documented in the customer purchase order or otherwise shall bind Blitz Refrigeration & Air Conditioning Pty Limited unless agreed in writing by an authorised employee of Blitz Refrigeration & Air Conditioning Pty Ltd.

The placement of an order by the customer to purchase products and/or services from “Blitz Air” or an acceptance of a “Blitz Air” quotation to supply product and/or services constitutes acceptance of these Terms & Conditions.

2) Definitions

In these Terms & Conditions the following definitions apply;

2.1 Approved Installer – means a licensed installer engaged by Blitz Refrigeration & Air Conditioning Pty Ltd.

2.2 Australian Consumer Law – means the Competition and Consumer ACT 2010(cth) and any state associated state or territory laws applicable to the goods and services supplied.

2.3 Blitz Air – means Blitz Refrigeration & Air Conditioning Pty Ltd (CAN)

2.4 Customer – means any individual or legal entity that accepts a written quotation to undertake works from “Blitz Air” and is as a consequence specified as the recipient of goods and/or services in any Tax Invoice issued by “Blitz Air”.

2.5 Customer Site – means the physical location where the customer has directed “Blitz Air” to attend for the purposes of either installing, servicing or maintaining an air conditioning and/or heating unit.

2.6 Delivery – means;
(i) In the case of goods, upon delivery to the customer or to an agent nominated by the customer.
(ii) In the case of installation, unit servicing, repairs or preventative maintenance, upon completion of the services agreed.

2.7 Goods – means air conditioning (heating and/or cooling) units, including all associated refrigeration piping, ducting and other materials.

2.8 GST – means a goods and services tax as defined within “A New Tax System (Goods and Services Tax) Act 1999(cth) and as subsequently amended in any GST legislation or other relevant regulation.

2.9 Installation Services – means all activities and services associated with installing the goods at the customer site.

2.10 Order – means a written confirmation of commitment to purchase goods and/or services from “Blitz Air” within the Terms ad Conditions of the “Blitz Air” offer.

2.11 Offer – means a formal quotation from “Blitz Air” to provide goods and/or services to the customer.

2.12 Price – means the amount payable, including GST for the goods and services as agreed between “Blitz Air” and the customer in accordance with Clause 7 within this agreement.

2.13 Products – means goods or installation services, or both as the case may require.

2.14 Supplier – means “Blitz Air”.

3) Payment

The terms of payment to “Blitz Air” are outlined as follows;

(i) Where no specific trading terms have been agreed between “Blitz Air” and the customer, the customer shall pay an amount equal to 50% of the quoted price at the time of confirming the scheduled date for supply and/or installation of goods and services.

(ii) The customer shall pay any residual amount owing from the quoted prices plus any additional costs as agreed by both parties, including GST upon supply of the goods.

(iii) From time to time “Blitz Air” may at its sole discretion agree to provide a customer with specific terms of trade. Such terms of trade shall be supplied subject to relevant checks being undertaken on the customer to the satisfaction of “Blitz Air” and the customer then signing a “terms of trade” agreement in acknowledgement of the specific terms and conditions relating to the provision of such credit terms.

(iv) All payments made by credit card may incur a surcharge equivalent to the fees and costs incurred by “Blitz Air” for credit card transactions.

4) Default

If the customer fails to make payment in accordance with these Terms & Conditions ”Blitz Air” shall be entitled to;

(i) Require that the customer pay for any additional products prior to supply.

(ii) Claim from the customer all costs, expenses and charges incurred in recovering payment including, but not limited to any mercantile agent fees, legal costs and disbursements on a solicitor-client full indemnity basis.

(iii) Cease any further trading with the customer and terminate without liability any outstanding orders and/or agreement in relation to products that have been ordered but not as yet supplied to the customer.

(iv) Preclude the customer from participating in special deals, discounts, bonus payments, rebates, redemptions and all other incentive programs until the account is paid in full.

(v) Withdraw any prevailing offer of trade terms in relation to payment for supply of goods.

(vi) Charge interest on overdue amounts at the rate published under the Penalty Interest Rates Act 1983 (Vic) plus a monthly additional account keeping fee at a rate of two (2) per centum per month on accumulative basis calculated daily. Such amounts will be calculated for the period commencing on the agreed due date of unpaid monies until the outstanding balance is repaid to “Blitz Air”.

(vii) Exercise any other rights as set out in in these Terms & Conditions that are otherwise available to “Blitz Air” at law.

5) Set Off

If for any reason “Blitz Air” owes the customer money, “Blitz Air” may at its discretion set off and deduct those monies from the balance owed by the customer to “Blitz Air”. The customer shall not be entitled to set off or withhold payment of any amount by reason of any account query, dispute or set off, unless otherwise agreed in writing by “Blitz Air”.

6) Quotes and Ordering

“Blitz Air” reserves the right to cancel, amend or withdraw a quote or cancel a commitment to supply a customer order at any time, regardless of acceptance by the customer. Payment of a deposit by the customer is not deemed acceptance of a quote or order. Where “Blitz Air” decide to reject, withdraw or cancel a customer order any deposit monies paid by the customer will be refunded.

Any quotation to supply issued by “Blitz Air” does not constitute a contractual commitment to supply. All quotations shall be valid for a period of fourteen (14) days after issue, however “Blitz Air” may withdraw a quotation to supply at any time without formal notification.

Prices included in the quotation are based upon the specification, drawings, requests and information provided by the customer to “Blitz Air”. Should such information be inaccurate or the customer request change “Blitz Air” reserves the right to vary the quotation pricing at its sole discretion.

All quoted prices exclude GST unless otherwise specifically stated within the quotation.

7) Pricing

The customer agrees to pay “Blitz Air” the prices for the products and/or services specified in the original quotation and/or purchase order document. Where a discrepancy exists, the pricing stated with the “Blitz Air” quotation document will preside.

The customer acknowledges that quotations to undertake works are an estimate only and where “Blitz Air” communicate altered pricing to the original quotation such pricing will be accepted and payable by the customer.

8) Government fees & taxes

The customer must pay to “Blitz Air” goods & services tax, and any other fees, levies or taxes legislated by the government of the time which relate to the product and/or services being supplied. The amount of such taxes, levies and/or fees payable to “Blitz Air” by the customer will be stated within the Taxation invoice document relating to the transaction.

9) Delivery & Risk

(a) “Blitz Air’s” delivery obligation with respect to any goods is discharged on occurrence of any of the following events.
(i) on arrival of the products at the customers nominated delivery destination
(ii) on arrival at the address of an agent nominated by the customer
(iii) upon collection by a courier/transport company nominated by the customer

(b) The risk in the products will transfer to the customer on delivery.

(c) The customer shall examine the products immediately upon delivery and “Blitz Air” shall not be liable for any incorrect delivery, shortage, defect and/or damage unless “Blitz Air” are notified in writing of such event within one (1) working day of delivery. The customer shall afford “Blitz Air” an opportunity to inspect the products within a reasonable time of delivery and prior to any expectation of replacement if the customer believes the products to have defect, fault or damage. Failure by the customer to adhere with this condition will conclusively presume that the products have been delivered in accordance with the terms and conditions of sale and no further claim will be available to the customer.

(d) Third party delivery of products, regardless of instructing entity will be for the customers account.

(e) A delivery fee maybe incurred by the customer in any circumstance where the customer is not able or prepared to take delivery of the product.

(f) Scheduled delivery and installation times communicated between “Blitz Air” and the customer are estimated times only and “Blitz Air” may vary such times without notice. The customer is not entitled to terminate any order for supply of product as a result of delivery or installation times being varied.

(g) If the customer requests “Blitz Air” to leave products outside “Blitz Air’s” premises for collection or at the customer site whilst unattended, then such products shall be left at the sole risk of the customer.

(h) The customer acknowledges and agrees that “Blitz Air” is only responsible for product and parts that are installed by “Blitz Air” and that in the event that other parts/product subsequently fail, the customer agrees to indemnify “Blitz Air” against any loss, damage or claim with regard to such product/parts or additional damage caused by same.

(i) Where the products are lost or damaged after delivery the customer acknowledges and agrees that “Blitz Air” will be entitled to all insurance proceeds without the need for any further investigation or claim for and on behalf of the customer.

(j) The customer warrants that any structures to which the products are to be affixed at the time of installation are able to withstand the weight and dimension of the product being installed.

(k) The customer warrants that any electrical connections, including but not limited to, metre boxes, main switches, circuit breakers, and any electrical cable are of suitable condition and capacity to facilitate operation of the product upon installation.

(l) If “Blitz Air”, at its sole discretion believes that for any reason, including but not limited to, discovery of asbestos, defective/unsafe wiring, dangerous or prohibitive access to installation point or unsafe roofing conditions, the customer premises are not sufficiently safe to afford its employees, contractors or other nominated agent safe and accessible condition in which to perform the agreed services, it will be entitles to delay installation and/or other services until such time as “Blitz Air” is satisfied that the conditions have altered and provide safe and accessible conditions.

(m) The final installation location of any product is at the discretion of the customer, however such nomination must be provided to “Blitz Air” prior to completion of the final estimating quote. Any change to such information initiated by the customer may incur additional costs and fees.

(n) In the event that any installed product needs to be relocated due to issues and/or complaints raised by a third party the customer shall be responsible for any costs and all costs incurred.

(o) “Blitz Air” will ensure that all installed product will meet current industry standards applicable to noise levels at the time of installation, however “Blitz Air” does not guarantee that noise levels will remain constant post installation as the product maybe impacted by factors outside the control of “Blitz Air” such as weather, lack of maintenance and/or tampering.

(p) The customer agrees and acknowledges that it is their sole responsibility to insure the product upon receipt of delivery.

(q) The customer will ensure that “Blitz Air” has clear and free access to the proposed work site at all times to enable them to complete the installation and/or services. “Blitz Air” will not be liable for any loss or damage to the customer site unless such loss or damage can be reasonably identified as being a direct result of negligence by “Blitz Air” representatives.

10) Retention of Title & Bailment

All product supplied and/or installed by “Blitz Air” remain the property of “Blitz Air” until all monies outstanding to “Blitz Air” in connection with the supply of such product/services have been paid in full to the satisfaction of “Blitz Air”.

The customer acknowledges that it is possession of the delivered products solely as bailee until payment of all invoices for the products has been finalised pursuant to these Terms & Conditions.

(a) The customer is not entitled to sell the products.

(b) The customer must not encumber or otherwise charge the products.

(c) The customer will be solely and completely responsible for any loos or damage to the products caused in any manner following delivery or installation of the products to the customer.

11) Repossession

The customer hereby irrevocably grants to “Blitz Air” the right to remove or repossess any products from the customer and sell or dispose of them in a manner at its sole discretion. “Blitz Air” will be entitled to 100% of proceeds generated from the sale of such products without claim or liability to the customer or agent thereof.

If the customer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then “Blitz Air” may without prejudice to any other remedies it may have, repossess the products delivered to the customer on any account which has not been paid in accordance with the terms and conditions herein. In doing so, “Blitz Air” retain the right to all other remedies and the ability to commence legal proceedings to recover the balance of any monies owing to “Blitz Air” by the customer.

12) Cancellation of Orders, Returns and Claims

(a) “Blitz Air” is not obliged to accept for return or exchange any products, except as required by relevant legislation or these Terms and Conditions.

(b) Any variation or cancellation of an order initiated by the customer must be formalised in writing and agreed to by “Blitz Air” at its sole discretion. Where the customer cancels an order, the customer must indemnify “Blitz Air” against reasonable and direct costs/losses arising from the cancellation.

(c) If, at its sole discretion “Blitz Air” agree to accept a return of product from the customer, the product must be returned to “Blitz Air” in the same condition as it was originally supplied to the customer, that is in a new and saleable condition. A restocking fee for an amount equal to 25% of the original quoted invoice price and any delivery fees incurred by “Blitz Air” in returning the product will be payable by the customer to “Blitz Air”.

(d) Except where Australian Consumer legislation of the day applies;

(i) All requests for returns and claims relating to defective product are to be made with the manufacturer directly and in accordance with their respective claims and returns policies.
(ii) All claims relating to installation services and/or workmanship supplied by “Blitz Air” representatives are to be made with “Blitz Air” directly.

13) Retention Monies

Unless otherwise provided in writing by “Blitz Air”, the customer shall not be entitled to retain any portion of the agreed price for the supply of product/services by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.

14) Warranty

(a) The product may be warranted by the manufacturer of the product against defective workmanship and/or materials/parts and such warranty will be subject to the terms and conditions stated within the warranty documentation supplied with the product. A warranty claim upon the manufacturer must be made directly with the manufacturer and in accordance with their respective warranty claim terms and conditions.

(b) The workmanship associated with the installation of the product, servicing and/or repair of the product is warranted by “Blitz Air” in line with the statutory warranty requirements for trades persons outlined by Victorian Building Authority at the time of works being completed.

(c) Any provision of a service by “Blitz Air” supplied under a warranty shall only be available between the hours of 7.30am and 4.00pm Monday to Friday and excludes public holidays.

(d) Warranty does not include routine maintenance service including filter cleaning, rectification of faults arising from power failure, misuse of product and/or equipment, lack of routine maintenance or operator error.

15) Limitation of Liability

(a) Nothing in these Terms & Conditions shall be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by relevant Consumer law of the time and which law cannot be excluded, restricted or modified.

(b) To the extent permitted by law, “Blitz Air” shall not be liable to the customer for any injury, harm, loss, damage, costs, expenses or other claim including economic loss of any nature howsoever arising from the supply, installation or breach, default, or negligence of “Blitz Air” representatives.

(c) If the customer is entitled to the benefit of any implied terms which cannot be excluded, “Blitz Air’s” liability will be limited, at its discretion, in the case of a supply of product to;

(i) The replacement of the product or the supply of services undertaken
(ii) The payment of the cost of replacing the product or acquiring replacement product
(iii) The payment of the cost of having the product repaired
(iv) The resupply of services
(v) The payment of the cost of having the services performed again.

16) Indemnity

To the extent permitted by law the customer indemnifies “Blitz Air” for all loss and damage arising from customers negligent act or omission relating to the product or a breach of these Terms and Conditions. This Clause survives termination or expiry of any agreement pertaining to the supply of product and/or services by “Blitz Air” to the customer.

17) Force Majeure

“Blitz Air” shall not be held liable for failure to comply with these Terms & Conditions to the extent that “Blitz Air’s” performance is prevented or delayed due to circumstances outside the control of “Blitz Air”. Such circumstances include but are not limited to unforeseen events such as pandemics, strikes, breakdown of machinery/equipment and/or vehicles, adverse and severe weather conditions, or action of government authority.

18) Non-Derogation

The rights, powers and remedies available to “Blitz Air” under these Terms & Conditions are in addition to and are not in derogation of “Blitz Air’s” powers, rights and remedies existing at common law, or given by any law at any time in force.

19) Governing Law

These Terms & Conditions are governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

20) Sub-Contracting

The customer agrees that “Blitz Air” may sub-contract all or any part of the provision of product and/or services to the customer without a requirement of notification.

21) Service of Documents

Service of any documents may be affected by forwarding same by pre-paid post which will be deemed to have been received four (4) days after the formal postage date, email which will be deemed to have been received on successful transmission to the last known email address of the intended recipient party. Any termination or legal notices sent to “Blitz Air” must be sent to enquiries@blitzair.com.au.

22) Statement of Debt

A certificate signed by an authorised representative of “Blitz Air” shall be prima facie evidence of the an amount of indebtedness of the customer to “Blitz Air” at that time and date.

23) Dispute Resolution

(a) Any dispute between the parties arising from the performance of the provisions of these Terms & Conditions must be settled through co-operative consultation between the parties. Any dispute that arising that is not settled within thirty (30) days of first arising will be finally settled under the rules for Domestic Arbitration of the Australian Disputes Centre by a single independent arbitrator appointed in accordance with the said rules. The place of arbitration will be Melbourne, Victoria or alternatively via virtual communication acceptable to all parties. The procedural law applicable to the arbitration will be that of Victoria. The decision of the arbitrator will be final and binding upon all parties.

(b) During the period in which the dispute is being resolved, the parties must continue to perform the relevant provisions of these Terms & Conditions which are not in dispute.

24) Compliance with Laws

(a) The customer and “Blitz Air” shall comply with the provisions of all statutes, regulations and by laws of government, local and other public authorities that may be applicable to the agreed supply of product and/or services.

(b) The customer agrees that the site on which they are requesting works to be undertaken is compliant with any work health and safety laws relevant to construction/building sites and any other relevant standards or legislation.

25) Inconsistency with other agreements

These Terms & Conditions shall take priority over any other agreements, terms and conditions or process that maybe in place or regulate arrangements between the customer and “Blitz Air” but shall not override the terms agreed by the customer in relation to “Blitz Air’s” Term of Credit and Privacy Statement documentation (where applicable).

26) General Provisions

A failure by “Blitz Air” to enforce any provision of these Terms & Conditions shall not be deemed as a waiver of that provision or adversely impact “Blitz Air’s” subsequent right to enforce that provision. If any provision of these Terms & Conditions shall be deemed invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

The customer agrees that “Blitz Air” has the right to amend these Terms & Conditions at any time. If “Blitz Air” makes a change to these Terms & Conditions, then such change will take effect from the date on which “Blitz Air” notify the customer in writing of the change. The customer will be taken to have accepted the changes if the customer makes a further request for “Blitz Air” to supply product and/or services to the customer.

The customer warrants that it has the power and authority to enter into an agreement with “Blitz Air” and has obtained all necessary authorisations to allow it to do so.

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