AIRWORK HELICOPTERS PTY LTD
TERMS AND CONDITIONS - AIRWORK HELICOPTERS PTY LTD
1. General Information
1.1 Please read the following information carefully as it contains terms and conditions that are part of your Agreement of Sale (Agreement) with AIRWORK HELICOPTERS PTY LTD ACN (“AIRWORK HELICOPTERS”) in the event that you proceed with a purchase of goods and services provided by AIRWORK HELICOPTERS.
1.2 This Agreement is governed by the terms and conditions set out herein and by signing this document you will be deemed to have accepted these terms and conditions.
2. Payment of AIRWORK HELICOPTERS’S Account
2.1 Unless otherwise agreed in writing, payment for all invoiced fees and costs in respect to the provision of goods and services is to be paid by the Client within 7 days of receipt of the invoice or within 10 days of the invoice date from AIRWORK HELICOPTERS. In the event that payment is received outside of these terms and that AIRWORK HELICOPTERS has to re-issue an invoice to the Client, then AIRWORK HELICOPTERS reserves its right to impose a 2.5% administration fee based on the amount owed by the Client.
2.2 All GST and all other government charges are included in the total sum owing stated on the invoice.
2.3 Payment for all Invoices must be made by Direct Money Transfer to the nominated account provided to the Client by AIRWORK HELICOPTERS.
2.4 No goods shall be dispatched without full payment for the cost of purchase and (postage and handling) delivery charges being received in advance.
3.1 AIRWORK HELICOPTERS will not be liable for any losses or damage to goods which occur in transit where the carrier is independent of AIRWORK HELICOPTERS.
3.2 Where goods are delivered to the Client’s address, the goods will be entirely at the Client’s risk when delivered and if the premises are unattended a delivery docket signed by the driver of the transporter will be conclusive evidence of the due delivery of the goods.
3.3 AIRWORK HELICOPTERS will not be responsible for any losses or damages caused to the Client’s property or the property of any third party as a result of the entry upon any property at the request of the Client by any of AIRWORK HELICOPTERS’s employees, servants or agents. The Client will indemnify AIRWORK HELICOPTERS from any claim resulting from such loss or damage from a third party.
3.4 AIRWORK HELICOPTERS will use reasonable endeavors to supply the goods ordered within the time frame specified or within a reasonable period. However, AIRWORK HELICOPTERS will not be liable for any failure to deliver or for delay in delivery of products occasioned by any cause whatsoever or not beyond the control of AIRWORK HELICOPTERS.
- Return and Refunds
4.1 Please choose your products carefully as AIRWORK HELICOPTERS will not refund for change of mind.
4.2 Take care in ensuring your order is accurate. Should you need to exchange your goods all freight and insurance charges are your responsibility.
4.3 In the event that incorrect goods are delivered, AIRWORK HELICOPTERS shall have no responsibility to replace same in the event that the goods are removed from their packaging. Further, usage of any goods in any way, as determined at the discretion and the sole opinion of an appropriate AIRWORK HELICOPTERS employee shall void any claims that incorrect goods have been delivered.
5.1 If there is a breach of any of the terms and conditions of this Agreement then:
5.1.1 All monies payable by the Client to AIRWORK HELICOPTERS will at AIRWORK HELICOPTERS’s election become immediately due and payable notwithstanding that the specified period for payment may not yet have expired;
5.1.2 AIRWORK HELICOPTERS may withhold the delivery of goods already ordered;
5.1.3 AIRWORK HELICOPTERS may charge interest on the overdue amount at rates of 15% per month calculated on the amount overdue until payment in full; and
5.1.4 AIRWORK HELICOPTERS may charge to the Client all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of AIRWORK HELICOPTERS to recover payment of any monies owning by the Client to AIRWORK HELICOPTERS or to secure any indebtedness or liability by the Client to AIRWORK HELICOPTERS notwithstanding that no demand has been made by AIRWORK HELICOPTERS for payment by the Client.
6.1 Except as provided in this Agreement:
6.1.1 All express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods and services for any purpose are hereby expressly excluded, and
6.1.2 AIRWORK HELICOPTERS will not be liable for any loss, damage or injury of any kind to the Client or any other person or company arising from or in connection with the supply by AIRWORK HELICOPTERS of goods and services to the Client or the exercise of any of AIRWORK HELICOPTERS powers in this Agreement, any guarantee or security or any credit Agreement including, but without limiting the generality of the foregoing, direct, indirectly and consequential losses and losses arising from loss of production or profit and the Client agrees to indemnify AIRWORK HELICOPTERS for any loss to a third person.
7.1 The Client has 7 days from the date of delivery of the goods within which to provide to AIRWORK HELICOPTERS written notice of any alleged claim for failure to comply with the order, whether due to shortfall, defect, incorrect delivery or otherwise. Should the Client fail to provide such notice within the stipulated time period, AIRWORK HELICOPTERS will be deemed to have complied with the Client’s order in all respects including delivery, quantity and quality.
8. Laws to Govern
8.1 Unless varied by notice by AIRWORK HELICOPTERS this Agreement and all matters arising from the relationship of AIRWORK HELICOPTERS and the Client will be interpreted and governed in accordance with the laws of the State of Queensland notwithstanding that the goods and services may be delivered outside the state of Queensland. The Client submits to the exclusive jurisdiction of the Brisbane Magistrate’s Court or such other capital city in any other state that AIRWORK HELICOPTERS may notify the Client of.
9.1 The person who signs the below, has accepted the above terms and conditions and is an authorised person to act on behalf of the Client.