Terms & Conditions
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- General
These Standard Terms and Conditions of Sale (“the Conditions”) apply to any sale of items, equipment or
services of AIR ADDITIONS PTY LTD (“AIR ADD”) or, where a quotation is made, shall form part of that
quotation.
AIR ADD may vary the Conditions from time to time, and the Conditions as varied shall be published on the
AIR ADD website. The purchaser agrees that the ordering of any goods or services after the publication of
the variation of the Conditions on the website will be an acceptance by the purchaser of the varied
Conditions.
No variation or cancellation of any of the Conditions shall be binding on AIR ADD unless agreed by a
responsible officer of AIR ADD in writing. No agent or representative has the authority to waive or alter the
Conditions.
The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or
services with AIR ADD by telephone, email, in writing or by facsimile transmission.
- Precedence
In the event of a conflict between the Conditions and those which may be included in, or implied by, any
document forming part of any enquiry, specification, order or contract then the Conditions shall prevail
unless they are expressly varied by AIR ADD in writing. If any Condition is contrary to or excluded by law
then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so
affected.
- Acceptance
A quotation is not to be construed as an offer or obligation to sell and AIR ADD reserves the right to decline
any order for goods or services (either wholly or partially) at any time prior to the delivery of the goods or
services, in which case AIR ADD shall be under no obligation in respect of such order.
- Prices
All prices are subject to change without notice and orders are accepted by AIR ADD on the condition that
they will be invoiced at the prices ruling at the date of dispatch, but every endeavor will be made to give 30
days’ notice of any increase.
All prices shown in the published catalogs or price lists are recommended selling prices only and there is no
obligation on the part of any reseller to maintain such prices.
A quotation includes only such goods as are specified therein. AIR ADD reserves the right to cancel any sale
where goods offered ex-stock have been previously sold or otherwise committed.
A $20 surcharge may apply at the discretion of AIR ADD if an order value is less than $100.
- Terms of Payment
The purchaser agrees to comply with the Conditions and payment for goods and services shall be made by
the purchaser to AIR ADD thirty (30) days from the end of the month of purchase, unless otherwise agreed
in writing by AIR ADD.
- Delivery
AIR ADD will endeavor to comply with the time of delivery of goods and services requested by the
purchaser but delivery time is not guaranteed nor is time of the essence of the contract of sale of the
goods and services. AIR ADD will not be liable for any loss or damage of whatsoever nature arising out of
a delay in delivery of goods or services. The delivery period quoted commences from the date AIR ADD
receives sufficient information to proceed with the supply or from the date AIR ADD receives the
purchaser’s written order, whichever is the later. Quoted delivery dates are subject to confirmation when
placing the order.
- Goods Returned For Credit
Goods will not be accepted for credit without prior approval of personnel at AIR ADD’s nearest sales office.
In the case of the return of buy-ins against the purchaser’s order, credit will only be allowed if the original
manufacturer/supplier also accepts the return.
All goods returned should be in their original containers and should not be shop soiled, obsolete or shop
damaged. All such goods may be rejected or credited at a reduced rate.
Cut lengths of cable will not be accepted for return under any circumstances.
No claim will be recognized unless such claim is made within seven (7) days of delivery and in every case
the original invoice number and date must be quoted.
All goods approved for return shall be returned freight prepaid and may be subject to a 15% restocking
charge.
- Cancellation
Any order may, at the option of AIR ADD, be terminated in the event of insolvency of the purchaser or of
execution being levied against any of the goods of the purchaser or the purchaser being placed into
administration or liquidation, whether voluntary or otherwise, or of a mortgagee entering into possession of
any assets of the purchaser or the purchaser’s credit worthiness or credit standing alters, in the opinion of
AIR ADD, from that disclosed in its application for credit.
- Variation
A variation or cancellation of any order by the purchaser is subject to acceptance by AIR ADD of such
variation or cancellation and in the event of such agreement the purchaser hereby indemnifies AIR ADD
against any loss or damage as a result of such variation or cancellation.
- Warranties Limited
AIR ADD warrants that the goods it supplies shall be of good and merchantable quality and its liability shall
be limited only to the repair or replacement of any faulty or defective goods in terms of the manufacturer’s
warranty and AIR ADD does not, unless specifically required by law, give any warranty beyond the
manufacturer’s warranty, and in no event shall AIR ADD be liable either under statute, in equity, in contract
or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss
or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of
intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused
in any way by such goods.
- Inspection
The purchaser has seven (7) days from the date of delivery of the goods within which to provide AIR ADD
with written notice of any claim for alleged failure to comply with an order whether due to a shortfall, defect,
incorrect delivery or otherwise. Should the purchaser fail to provide such written notice within the stipulated
time period then AIR ADD shall be deemed to have complied with the purchaser’s order in all respects
including delivery, quality and quantity.
- Packing, Damage or Loss in Transit
AIR ADD uses every care in packing but, unless otherwise agreed, shall not be liable for any loss or
damage in transit, and any claim in relation to such loss or damage shall not be accepted by AIR ADD and
shall be a matter between the purchaser and the railway, shipping company or carrier. The purchaser shall
inspect and check all goods received as soon as practicable upon unloading. No claim for shortage of
goods shall be made to AIR ADD after forty eight (48) hours of such inspection, and while AIR ADD shall
endeavor to rectify any shortage as soon as practicable after receipt of any claim, it shall not be liable in
respect of such rectification.
- Purchaser’s Specifications
AIR ADD shall be under no obligation to comply with any specification or drawings referred to in any order
unless such specifications or drawings have been produced to AIR ADD prior to delivery of goods and
signed by AIR ADD. Otherwise AIR ADD does not warrant nor represent that the goods are fit for a
particular purpose and the purchaser agrees that it does not rely on the skill and judgment of AIR ADD in
relation to the suitability of the goods for a particular purpose. All such warranties are hereby excluded to
the maximum extent permitted by law.
- Risk
All goods sold shall be at the risk of the purchaser from the time of dispatch of the goods by AIR ADD for
delivery to the purchaser and the purchaser shall be solely responsible for ensuring the goods in transit.
- Credit
AIR ADD may at any time suspend or vary any credit extended to the purchaser or withhold the delivery of
goods or services already ordered as AIR ADD in its sole and absolute discretion determines.
- Default of Purchaser
The purchaser expressly agrees that if the purchaser fails to pay AIR ADD the invoiced price of any goods
and services by the due date for payment, then AIR ADD:
● shall have the immediate right to bring an action against the purchaser for payment of the invoice
price of the said goods and services, notwithstanding that ownership and property in the said goods
and services shall not have passed to the customer;
● may refuse to supply any other goods and services to the purchaser;
● may claim the return of any goods in the possession of the purchaser where title in such goods has
not passed to the purchaser;
● may determine the contract and/or suspend manufacture or delivery, installation, commissioning or
testing of any goods then outstanding;
● may retain any security given or money paid by the purchaser or available through enforcement of
guarantee or security bonds lodged and may apply such security or money against the loss and
damages incurred by the failure of the purchaser to pay;
● may withdraw or vary any credit extended to the purchaser without notice to the purchaser;
● may without notice make all moneys owing by the purchaser to AIR ADD on any account
immediately due and payable;
● may take such steps as it deems necessary to mitigate any damage suffered including the putting to
use, hiring out, sale or disposal of any goods in its possession supplied or to be supplied to the
purchaser; and
● may charge interest on overdue accounts at the rate not exceeding the standard overdraft rate
offered by the Commonwealth bank of Australia on the day of calculation.
- Retention of Title
Defined terms used in this clause have the same meaning as given to them in the Personal Property
Securities Act 2009 (Cwth,)(“PPSA”).
AIR ADD and purchaser acknowledge that a contract constitutes a Security Agreement and gives rise to a
Purchase Money Security Interest (PMSI) in favor of AIR ADD over the goods supplied to the purchaser, as
Grantor, pursuant to a contract, and over the Proceeds (including any sale monies or an account for such
monies and insurance monies).
The goods supplied or to be supplied under a contract fall within the PPSA classification of “other Goods”
acquired by the purchaser pursuant to these Conditions.
The purchaser acknowledges that AIR ADD, as Secured Party, is entitled to register its interest in the goods
supplied or to be supplied to the purchaser, as Grantor, under a contract on the PPSA Register as
Collateral.
The purchaser waives its right to any of the following under the PPSA:
● 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
Purchaser, as Grantor, to AIR ADD;
● Receive notice of removal of an Accession under section 95;
● Receive notice of an intention to seize Collateral under section 123;
● Receive notice of disposal of Collateral under section 130;
● Receive a Statement of Account if there is no disposal under section 130(4);
● Receive notice of retention of Collateral under section 135;
● Redeem the Collateral under section 142;
● Reinstate the Security Agreement under section 143;
● Object to the purchase of the Collateral by the Secured Party under section 129;
● Receive a Statement of Account under section 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.
● The purchaser agrees that, to the extent permitted by law, nothing in sections 130 to 143 of the
PPSA will apply to, or the Security under, these Conditions.
● The legal and equitable title in the goods will only pass to the purchaser when all monies owing by
the purchaser to AIR ADD on any account whatsoever have been paid in full.. The purchaser must
not do or permit anything to be done which may result in the purchase money security interest
granted to AIR ADD ranking in priority behind any other security interest. (ii) Until such payment in
full, the purchaser acknowledges that the goods are held by the purchaser as Bailee for AIR ADD
and that a fiduciary relationship exists between AIR ADD and the purchaser in relation to the goods,
which must be stored separately as a fiduciary of AIR ADD in good condition and in such a way
which clearly indicates the ownership of AIR ADD in the goods. (iii) While AIR ADD retains title in
the goods the purchaser shall not bail, pledge, mortgage, charge, obtain or grant a lien over, lease
or assign by any other way the goods or any security in the goods. (iv) The purchaser irrevocably
authorizes AIR ADD by its servants or agents to enter to enter upon any site where the goods are
located to take possession of the goods without any prior notice or for any purpose connected with
or in relation to the protection or enforcement of the rights of AIR ADD to the goods. (v) The
purchaser shall be liable for the payment of all costs, charges and expenses incurred by AIR ADD
on a full indemnity basis (including legal costs, repossession costs and the cost of any mercantile
agent) in the recovery or attempted recovery of the goods or of payment of any moneys owing by
the purchaser to AIR ADD or in the protection or enforcement of its rights in relation to the goods.
(vi) To secure payment of all moneys which may become payable by the purchaser to AIR ADD on
any account whatsoever the purchaser hereby charges with the due payment of all moneys payable
by the purchaser to AIR ADD all of the purchaser’s beneficial interests in freehold or leasehold
property held by it now or in the future as security for payment of all and any moneys payable by the
purchaser to AIR ADD and consents to AIR ADD lodging a caveat or caveats noting its interest in
such property, and upon demand by AIR ADD the purchaser agrees to immediately execute a
mortgage or other instrument in terms satisfactory to AIR ADD to further secure payment of such
moneys. The purchaser hereby and by way of security irrevocably appoints every officer and legal
practitioner of AIR ADD jointly and each of them severally as the purchaser’s lawful attorney with
the power and for the purpose of executing (including as a deed) a mortgage or other instrument of
security in any form as determined by such attorney over any real property of the purchaser to
secure such moneys.
- Disputes
If the purchaser disputes any charge appearing on an invoice then the purchaser shall give written notice of
such dispute to AIR ADD immediately upon receipt of invoice and shall pay all other charges not in dispute
on the invoice pending an investigation of the dispute.
- Opening a Trading Account
IT IS AGREED: The applicant certifies that the information supplied to AIR ADD for the purpose of
assessing the suitability for providing the applicant with a 30 Day Credit Facilities is correct at time of
writing, and is authorized on behalf of the applicant to make this application and contract on behalf of the
applicant and give the warranties outlined in this application.
AIR ADD reserves the right to withdraw credit facilities at any time without notice.
The Purchaser will be liable for any costs incurred in enforcing payment of the account.
Should the amount owing under the credit facility at any time exceed the limit mentioned on this application,
AIR ADD reserves the light to suspend credit facilities until such time as the amount outstanding is reduced
below the limit established.
Terms are strictly 30 DAYS from Statement date, i.e. Purchases made during one month are due and
payable by the 30th day of the following month. Failure to pay within these terms could result in suspension
of Credit Facilities until ALL outstanding amounts are paid in FULL.
AIR ADD reserves the right to charge interest on overdue amounts at the rate not exceeding the standard
overdraft rate offered by the Commonwealth Bank on the day of calculation. Such interest if applied shall be
charged directly to your account.
All goods shall be sold in accordance with the “STANDARD TERMS AND CONDITIONS” as outlined on the
purchase invoice.
Should any changes take place affecting the legal entity, structure or management control of the applicant,
then AIR ADD will be notified immediately in writing.
That unless otherwise stated in this application, the applicant declares that is not structured on a
trusteeship involving discretionary, unit or family trusts
Notice of disclosure of your credit information to a credit reporting agency
Under Section 18E (8) (c) of the Privacy Act AIR ADD is allowed to give a credit reporting agency personal
information about the applicant’s credit application. The information which may be given to an agency is
covered by Section 18E (1) of the Act and includes:
● Identity particulars (as permitted by the Privacy Commissioner’s determination issued under
s.18E(3));
● The fact that the applicant has applied for credit and the amount;
● The fact that AIR ADD is a current credit provider to the applicant;
● Payments which become overdue more than 60 days, and for which collection action has
commenced;
● Advice that payments are no longer overdue;
● Cheques drawn by the applicant which have been dishonored more than once;
● In specified circumstances, that in the opinion of AIR ADD the applicant has committed a serious
credit infringement
● That credit provided to the applicant by AIR ADD has been paid or otherwise discharged.
● Please refer to the Privacy Policy for further information
The jurisdiction for any legal claim arising from any default will always remain in the State of Queensland.
Costs associated with the collection of any overdue account will be the responsibility of the credit applicant.
If AIR ADD considers it relevant to assessing any application for commercial credit, AIR ADD may obtain
from a credit reporting agency a credit report containing personal information about the applicant in relation
to commercial credit provided by AIR ADD.
- Your Credit Limit
To help manage your account, for future transactions, AIR ADD reserves the right to re-assess the
customer’s credit limit at any time for reasons such as outstanding balance exceeding the current limit
currently in place or payments received outside our terms and conditions. It is agreed for AIR ADD to
assess the account at any time to change credit limit if needed without authorisation based on trading
history.
