Snowy Aircon Trading Terms

Trading Terms – Snowy Aircon and Electrical

1. Definitions

1.1 ‘The Company’ means Snowy Aircon and Electrical A.C.N. 622 297 689, it’s
successors, assigns and any person acting on behalf of the authority of the
Company.

1.2 ‘Client’ means the person/s, company or unincorporated association availing of the
goods and services of the Company.

1.3 ‘Service’ means any service supplied by the Company to its clients as described
on the website such as repairing or installing air-conditioning or providing electrical
services.

1.4 ‘Goods’ mean any item/s for sale that are listed on the website such as airconditioning
units, lights, fans and the likes.

1.5 ‘Deposit’ means 50% of the total price agreed for the services rendered paid by
the Client.

1.6 ‘Payment Due Date’ means the date shown on the Company’s invoice as the due
date for payment of service.

1.7 ‘Quotation’ means the quoted price provided to the client. The quotation is subject
to change based on agreement with the Company. Neither the Company nor the
Client is bound to this agreement as a contract until you consent to the terms and
conditions, pay the required security deposit specified in the quotation and we
confirm your booking.

1.8 ‘Agreement’ means the terms agreed and accepted between the Company and
the Client.

 

2. Acceptance

2.1 Any instructions received from the Client by the Contractor for the supply of
Services and/or the Client’s acceptance of Services supplied by the
Contractor shall constitute acceptance of the terms and conditions contained
herein.

2.2 The Client taken to have exclusively accepted and is immediately bound,
jointly and severally, by these terms and conditions if the Client avails of the
Service of the Company.

2.2 These terms and conditions may only be amended with the Company’s consent in
writing and it shall prevail to the extent of any inconsistency with any other
document on agreement between the Client and the Company.

2.3 These terms and conditions are meant to be read in conjunctions with the Terms
and Conditions posted on the www.snowyair.com.au. If there are any
inconsistencies between the two documents, then the terms and conditions
contained in this document shall
prevail.

 

3. Electronic Transactions Act 2000

3.1 Electronic signatures shall be deemed to be accepted by either party provided that
it complies with Section 9 of the Electronic Transactions Act 2000 or any other
applicable provisions of that Act or any Regulations referred to in that Act.

3.2 Electronic communication in the form of email is an accepted form of written
communication for this agreement.

 

4. Change in Control

The Client shall give the Company not less than fourteen (14) days prior written notice
of any proposed change of ownership of the Client and/or any other change in the
Client’s details (including but not limited to, changes in the Client’s name, address,
contact telephone or fax number/s, or business practice). The Client shall be liable for
any loss incurred by the Company as a result of the Client’s failure to comply with this
clause.

 

5. Price

5.1 The Company’s sole discretion and Price shall be either:

5.1.1 As indicated on invoices provided by the Company to the Client in respect of
Services availed; or

5.1.2 The Company’s quoted Price (subject to Definition clause) which shall be
binding upon the Company provided that the Client shall accept the
Company’s quotations in writing within seven (7) days from the quotation date.

5.2 The Company reserves the right to change the Price:

5.2.1 if a variation to the services which are to be supplied is requested; or

5.2.2 in the event of increase in the cost of third-party provider or any other related
matters in connection with the Service which are beyond the Company’s
control.

5.3 At the Company’s sole discretion a non-refundable deposit may be required.

5.4 Time for payment for the Service being of the essence, the price will be payable by
the Client on the date/s determined by the Company, which may be:

5.4.1 The date specified on any invoice or other form as being the date for payment;
or

5.4.2 Failing any notice to the contrary, the date which is fourteen (14) days
following the date of any invoice given to the Client by the Company.

5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking,
credit card (plus, a surcharge of up to two and half percent (2.5% of the Price), or by
other method as agreed to between the Client and the Company.

 

5.6 Receipt by the Company of any form of payment other than cash shall not be deemed
to be payment until it has been honoured, cleared or recognised.

5.7 Unless otherwise stated the Price does not include GST. In addition to the Price the
Client must pay to the Company an amount equal to any GST. The Client must pay
for any supply by the Company under this or any other agreement for the Services
provided. The Client must pay GST, without deduction or set off any other amounts,
at the same time and on the same basis as the Client pays the Price. In addition, the
Client must pay any other taxes and duties that may be applicable in addition to the
Price except where they are expressly included in the Price.

 

6. Payment of Deposit

The Client agrees to pay the deposit before any services are delivered or acquired.
The deposit will form part of the total price of the services provided.

 

7. Delivery of Services

7.1 At the sole discretion of the Company, delivery of the Services shall take place when
goods are delivered to the client and installed, or the agreed works have been
completed.

7.2 Failure by the Contractor to deliver shall not entitle either party to treat this contract as
repudiated.

7.3 The Contractor shall not be liable for any loss or damage whatsoever due to failure by
the Contractor to deliver the Services (or any of them) promptly or at all were due to
circumstances beyond the control of the Contractor.

 

8. Refunds

The Company practices a NO REFUND POLICY for all payments made by the Client.
Exception to this clause may be provided to clients with the discretion of the Company
after thoroughly evaluating the circumstances of the client.

 

9. Security and Charge

9.1 In consideration of the Company agreeing to supply Service, the Client charges all of
its rights, title and interest (whether joint or several) in any land, realty or other assets
capable of being charged, owned by the Client either now or in the future, to secure
the performance by the Client of its obligations under these terms and conditions
(including, but not limited to, the payment of any money).

9.2 The Client indemnifies the Company from and against all the Company’s costs and
disbursement including legal costs on a solicitor and own client basis incurred in
exercising the Company’s rights under this clause.

9.3 The Client irrevocably appoints the Company and each director of the Company as
the Client’s true and lawful attorney/s to perform all necessary acts to give effect to
the provisions of this clause 9 including, but not limited to, signing any document on
the Client’s behalf.

 

10. Default and Consequences of Default

10.1 Interest on overdue invoices shall accrue daily from the date when payment becomes
due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar
month (and at the Company’s sole discretion such interest shall compound monthly at
such a rate) after as well as before any judgment.

10.2 If the Client owes the Company any money the Client shall indemnify the Company
from and against all costs and disbursements incurred by the Company in recovering
the debt (including but not limited to internal administration fees, legal costs on a
solicitor and own client basis, the Company’s contract default fee, and bank dishonour
fees).

10.3 Further to any rights or remedies the Company may have, if at any time under this
contract, if a Client has made payment to the Company by credit card, and the
transaction is subsequently reversed, the Client shall be liable for the amount of the
reversed transaction, in addition to any further costs incurred by the Company under
this clause 10 where it can be proven that such reversal is found to be illegal,
fraudulent or in contravention to the Client’s obligations under this agreement.

10.4 Without prejudice to any other remedies the Company may have, if at any time the
Client is in breach of any obligation (including those relating to payment) under these
terms and conditions the Company may suspend or terminate its Services to the
Client. The Company will not be liable to the Client for any loss or damages the Client
suffers because the Company has exercised its rights under this clause.

10.5 Without prejudice to the Company’s other remedies at law the Company shall be
entitled to cancel any part of any Service to the Client which remains unfulfilled and all
amounts owing to the Company shall, whether or not due payment become
immediately payable if:
(a) any money payable to the Company becomes overdue, or in the
Company’s opinion the Client will be unable to make a payment when it
falls due;
(b) any Client becomes insolvent or bankrupt, convenes a meeting with its
creditors or proposes or enters into an arrangement with creditors, or
makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person
is appointed in request of the Client or any asset of the Client.

 

11. Cancellation

11.1 The Company may cancel any contract to which these terms and conditions apply or
cancel delivery of Service at any time before the Services are delivered by giving
written notice to the Client. On giving such notice the Company shall repay to the
Client any sums paid in respect of the Price, less any amounts owing by the Client to
the Company for Services already delivered. The Company shall not be liable for any
loss or damage whatsoever arising from such cancellation.

11.2 In the event that the Client cancels the Service, the Client shall be liable for any loss
incurred (whether direct or indirect) by the Company as a direct result of cancellation
(including, but not limited to, any loss of profits).

11.3 Cancellation of Service made to the Client’s specification will definitely not be
accepted once Service has been started.

 

12. Privacy Act 1988

12.1 The Client agrees for the Company to obtain from a credit reporting body (CRB) a
credit report containing personal credit information (e.g. name, address, D.O.B,
occupation, previous credit applications, credit history) about the Client in relation to
credit provided by the Company.

12.2 The Client agrees that the Company may exchange information about the Client with
those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange the information with other credit providers as to the status of
this credit account, where the Client is in default with other credit
providers; and/or
(d) to assess the creditworthiness of the Client’s repayment history in the
preceding two years

12.3 The Client consents to the Company being given a consumer credit report to collect
overdue payment to commercial credit.

12.4 The Client agrees that personal credit information provided may be used and retained
by the Company for the following purposes (and for other agreed purposes or
required by):
(a) the provisions of Services; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or
status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit and/or credit facilities
requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relations to the Services.

12.5 The Company may give information about the Client to a CRB for the following
purposes:
(a) to obtain a consumer credit report
(b) allow the CRB to create or maintain a credit information file about the
Client including credit history.

12.6 The Company may give information about the Client to a CRB for the following
purposes:
The information given to the CRB may include:
(a) personal information as outlined in 14.1 above;
(b) name of the credit provider and that the Company is a current credit
provider;
(c) whether a credit provider is licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit
(e.g. date of commencement/termination of the credit account and the
amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayment or
outstanding monies which are overdue by more than sixty (60) days and
for which written notice for request or payment has been made and debt
recovery action commenced or alternatively that the Client no longer has
any overdue accounts and the Company has been paid or otherwise
discharged and all surrounding that discharge (e.g. dates of payment);
(g) information that, in the opinion of the Company, the Client has committed
a serious infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more
than one hundred and fifty dollars ($150).
12.7 The Client shall have the right to request from the Company;
(a) a copy of the information about the Client retained by the Company and
the right to request that the Company correct any incorrect information
about the Client retained by the Company and the right to request that the
Company correct any incorrect information; and
(b) that the Company does not disclose any personal information about the
Client for the purpose of direct marketing.
12.8 The Company will destroy personal information upon the Client’s request or if it is no
longer required to be maintained and/or stored in accordance with the law.
12.9 The Client can make a privacy complaint by contacting the Company. The Company
will respond to that complaint within seven (7) days of receipt and will take all
responsible steps to make a decision as to the complaint within thirty (30) days of
receipt of the complaint. In the event that the Client is not satisfied with the resolution
provided, the Client can make a complaint to the Information Commissioner at
www.oaic.gov.au.

 

13. General

13.1 The failure by the Company to enforce any provisions of these terms and conditions
shall not be treated as a waiver of that provision, nor shall it affect the Company’s
right to subsequently enforce that provision. If any provisions of these terms and
conditions shall be invalid, void, illegal or unenforceable the validity, existence,
legality and enforceability of the remaining provisions shall not be affected, prejudiced
or impaired.

13.2 These terms and conditions and any contract to which they apply shall be governed
by the laws of New South Wales, the state in which the Company has its principal
place of business and are subject to the jurisdiction of the courts in that state.

13.3 The Company shall be under no liability whatsoever to the Client for any indirect
and/or consequential loss and/or expense (including loss of profit) suffered by the
Client arising out a breach by the Company of these terms and conditions
(alternatively the Company’s liability shall be limited to damages which under no
circumstances shall exceed the Price of the Services).

13.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums
owed or claimed to be owed to the Client by the Company nor to withhold payment of
any invoice because part of that invoice is in dispute.

13.5 The Company may license or sub-contract of any of its rights and obligations without
the Client’s consent.

13.6 The Client agrees that the Company may amend these terms and conditions at any
time. If the Company makes a change to these terms and conditions, then that
change will take effect from the date which the Company notifies that Client of such
change. The Client will be taken to have accepted such changes if the Client makes a
further request for the Company to provide any Services to the client.

13.7 Neither party shall be liable for any default due to any act of God, war, terrorism,
strike, lock-out, industrial action, fire, flood, storm or other event beyond the
reasonable control of either party.

13.8 The Client warrants that it has the power to enter into this agreement and has
obtained all necessary authorisations to allow it to do so, it is not insolvent and that
this agreement creates binding and valid legal obligations on it.

13.9 We make no warranties that items are fit for purpose.

13.10 We are not liable for any injury, death or other damage that arises during the
installation of our Goods nor from the use of our Goods.

13.11 If any term in this agreement is found to be legally void, invalid or unenforceable this
does not void the remaining terms of the agreement.

13.12 Any disagreement is to be attempted to be resolved by mediation at the Client’s
expense prior to legal proceedings being commenced.

 

14. Limitation of Liability

14.1 The Client hereby disclaim any right to sue for damages or to claim restitution arising
out of any inadvertent misrepresentation made to the Client by the Company and the
Client acknowledges that the Services were availed relying solely upon the Client’s
skill and judgment.

14.2 Insofar as the Client, notwithstanding provisions of this clause, may have any claim
for damages against the Company, its servants or agents either on contract or in tort
and whether arising from negligence or otherwise (it being the intention of this clause
that no such damages may be recovered) the same shall be limited to an amount of
Services actually paid by the Client in respect of that portion of the particular Services
which gave rise to such claim.