GENERAL TERMS AND CONDITIONS OF SUPPLY
Pettit Air and Electrical proposals are subject to acceptance within 30 days from date of quote. Prices quoted are for services, labour, and material as specified in the proposal. If acceptance of this proposal is delayed or modified, prices are subject to adjustment. For Maintenance Contracts, the rates shown in the schedules for Non-Contract related works, are subject to variation with changes in our costs of doing business.
TAXES / DUTIES
The purchaser shall pay Pettit Air and Electrical PL all taxes imposed by the Australian Government or any other national, state or local government, which Pettit Air and Electrical PL is required to pay in connection with the service or material furnished hereunder.
- An advance 10% deposit is required with an accompanying purchase order prior to commencement of works.
- The purchase order must state “Payment will be strictly within 30 days net”.
- If you are not an existing client please complete the enclosed Client Payment Information Form, which must accompany the purchase order.
- For electronic payments please note the following Pettit Air Conditioning P/L banking details.
National Australia Bank, Balmain Branch
Account No: 397678900
Account Name: Pettit Air Conditioning P/L
- No retentions will be applicable.
- For works exceeding one calendar month, progress payments/claims will apply.
- Payment in full is the responsibility of the owner and will not be subject to insurance reimbursement payment timing or other third parties.
- The purchased equipment shall remain the property of Pettit Air Conditioning P/L until payment is made in full.
Terms of payment are net 7 days from receipt of invoice and are subject at all times to the approval of the Company’s Credit Department.
It is specifically agreed between the parties that ownership of all items of equipment and fittings supplied and/or installed by Pettit Air Conditioning Pty Ltd in or upon or about the premises pursuant to this Contract shall remain with Pettit Air Conditioning Pty Ltd until such time as Pettit Air Conditioning Pty Ltd has received payment in full of all moneys payable to it pursuant to the Contract and that note of such items of equipment and fittings shall be deemed to be a fixture on the property until such time as payment in full has been made as aforesaid and it is agreed that Pettit Air Conditioning Pty Ltd shall retain the right to come onto the premises and take away all such items of equipment and fittings at any time after moneys due hereunder have become due and payable but unpaid.
We reserve the right to progress claim works at various stages of completion e.g. Product/Equipment delivery including labour and materials supplied. Progress claim invoices will clearly state the details of such claim and value to date of claims and balance of project.
If payments are not made in accordance with these terms, a service charge will, without prejudice to the right of Pettit Air and Electrical PL to immediate payment, be added to the account of the purchase in any amount equal to 3.5% per month or the highest legal rate on the unpaid balance, and a processing fee of $500.00 (inc GST) for court lodgement.
Accepted orders for services are subject to cancellation charges to the extent that Pettit Air and Electrical PL shall be reimbursed for the cost of reasonable expense incurred prior to cancellation as a result of order acceptance.
LIMITATION OF LIABILITY
Pettit Air and Electrical PL, its contractors and suppliers of any tier shall not be liable in contract, in tort (including negligence) or otherwise for damage or loss of property of equipment, loss of profits or revenue, loss of use of equipment or power system, cost of capital, cost of purchased or replacement power or temporary equipment (including additional expenses incurred in using existing facilities), claims of customers of the purchase, or for any special, indirect, or consequential damages, whatsoever.
The remedies of the purchaser set forth herein are exclusive and the liability of Pettit Air and Electrical PL with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale delivery, resale, installation or technical direction of installation, maintenance or technical direction of maintenance, repair or use of any equipment covered by or furnished under the contract, whether in contract, in tort (including negligence) or otherwise, shall not exceed the price set forth herein for the work.
In this regard, it should be noted that Pettit Air and Electrical PL contracts do not include responsibility for air quality within any given building. No liability is accepted or implied for the control of air borne diseases, e.g. Legionella, Pontiac Fever, etc.
Pettit Air and Electrical PL shall not be liable for failure to perform or for delay in performance caused by riots, strikes, floods, and lack of transportation, accidents, or any other contingency beyond its control.
In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay.
SPECIAL CONDITIONS – REMANUFACTURED COMPRESSORS
Should the client take the option of a compressor supplied by a third party compressor re-builder, all warranty claims will be passed on in full. In addition to this, Pettit Air and Electrical PL does not cover the removal, re-installation or re-commissioning of a third party supplied compressor. These costs, unless otherwise stated shall be passed on in full to the client. Please note that compressors rebuilt by Pettit Air and Electrical PL directly are not subject to these special conditions.
If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control of Pettit Air and Electrical PL, Pettit Air and Electrical PL shall be excused from furnishing said materials or equipment and be reimbursed for the difference between cost of materials or equipment unavailable and the cost of an available reasonable substitute.
PERFORMANCE OF SERVICES
Pettit Air and Electrical PL shall provide the indicated services in a timely and workmanlike manner and according to standard trade p0ractices. Normal routine services shall be performed according to the Company’s standard work scheduling practice consistent with the scheduling requirement of the customer. Unless otherwise specified and agreed to in writing, all work shall be performed during normal weekday working hours. The Company also reserves the right to engage other in sub-contractor status as may be required to properly perform the work.
Purchaser agrees to provide Pettit Air and Electrical PL personnel with required utilities (water, electricity, compressed air, etc) and special tools and equipment normally used for such services unless restricted specifically in the quote. Purchaser agrees to assume that sufficient service access space is provided. Pettit Air and Electrical PL shall not be held liable for failure or damage to any equipment caused by power interruptions, single phasing, phase reversal, low voltage, or other deficiencies beyond the control of Pettit Air and Electrical PL.
TERMS OF SALE
This proposal, upon acceptance, is made solely on the terms and conditions hereof notwithstanding any additional or conflicting conditions that may be contained in any purchase order or other form of purchaser, all of which additional or conflicting terms and conditions are hereby rejected by the Company. No representatives or guarantees other than those contained herein shall be binding upon the Company unless made in writing and signed by an officer of the Company.
Pettit Air and Electrical PL extends the manufacturer’s warranties on all parts and materials and warrants labour for ninety (90) days unless terms of warranty are specifically revised in the contract. Pettit Air and Electrical PL expressly limits its warranty on purchaser’s equipment to cover only that portion of equipment, which had specific service work done by Pettit Air and Electrical PL. These warranties do not extend to any equipment or service which has been repaired by others, abused, altered, or misused, or which has not been properly or occasionally maintained. Pettit Air and Electrical PL shall not be liable for any special, indirect or consequential damages arising in any manner out of the performance of this agreement.
These warranties are in lieu of all other warranties expressed or implied, including, but not limited to those which the purchaser has by vi8rture of the Trade Practices Act, 1974 and similar state and territory legislation and nothing contained in this warranty statement shall in any way limit the purchaser’s rights under such legislation.