Terms and Conditions of Sale
1.1 The “customer” for the purpose of these terms and conditions is any person or business who places a request for service, maintenance, or installations of any machinery or equipment be it verbal or in writing or via any other means of communication to Dynamic Heating and Cooling.
1.2 Any order or verbal request placed by a customer is deemed to be an order incorporating these terms and conditions, notwithstanding any inconsistencies which may be introduced by any document or statement of the customer (unless expressly agreed to by Dynamic Heating and Cooling in writing).
2.1 Nothing in these terms and conditions is to be interpreted as having the effect of excluding, modifying or restricting any condition, warranty, right or liability implied by any applicable legislation into the arrangement between Dynamic Heating and Cooling and the customer.
2.2 Dynamic Heating and Cooling will not be responsible for any consequential loss or damage caused by any break down, stoppage or failure of any machinery or equipment whatsoever.
2.3 Dynamic Heating and Cooling will not be responsible for any damage to or theft of machinery or equipment in our custody or care whatsoever, and including but not limited to transit and storage.
2.4 Dynamic Heating and Cooling will not be held responsible for any loss of trade, inconvenience or interruption caused by Dynamic Heating and Cooling or its agents.
3.1 The customer shall at all times indemnify Dynamic Heating and Cooling and its staff and its agents from and against any loss, liability, or expense.
4. RISKS & DELIVERY
4.1 The risk of loss or damage to any goods supplied by Dynamic Heating and Cooling passes onto the customer on delivery to the customer, or its agents or its carrier.
4.2 In the case of goods being delivered to a work site, it is the sole responsibility of the customer to keep goods safe. It is also the sole responsibility of the customer to insure against any possible loss of or damage to goods located at the work site.
4.3 Dynamic Heating and Cooling shall not be responsible for any customer owned goods or equipment removed from site for servicing or repairs whether lost, stolen, or damaged. (Although all reasonable care shall be taken).
5. QUOTATIONS, ESTIMATES AND PRICES
5.1 All prices are subject to alteration without prior notice to the customer.
5.2 All prices are subject to the Goods and Services Tax (GST) which, if applicable will be charged to the customer in addition to the quoted price.
5.3 All goods and services will be charged at the prices ruling at the date or dates of completion of works or the date or dates of the supply of the equipment.
5.4 Errors or omissions are not binding to Dynamic Heating and Cooling.
5.5 All quotations are valid for a period not exceeding 14 days from the date of the quotation or unless otherwise stated on the quotation documentation.
5.6 Any deposit will be required to be cleared in our bank prior to proceeding with any quoted works.
6.1 The supply of materials, equipment, or goods shall be subject to the manufacturer’s warranty and conditions and shall not extend beyond a period of more than twelve (12) months from date of invoice.
6.2 The warranty on our labour shall be for a period not exceeding thirty (30) days from date of invoice.
6.3.Any parts returned for warranty shall be subject to their manufactures final approval. Any failures of parts as a result main electrical supply issues will be rejected.
6.3.2 On the return of any goods a restocking fee of 20% may be applicable at the sole discretion of Dynamic Heating and Cooling.
6.3.3 All transport and delivery charges are at the customer’s expense and are not refundable.
6.3.4 No costs will be incurred by Dynamic Heating and Cooling for the return of any goods for any reason.
6.3.5 The assessment of the condition of the goods to be returned shall be at the sole discretion of Dynamic Heating and Cooling alone.
6.3.6 On the return of any goods to Dynamic Heating and Cooling by the customer, the goods will be inspected and tested. At the sole discretion of Dynamic Heating and Cooling alone, any monies owing will be forwarded by mail. No cash refunds will be made available.
6.3.7 No returns are possible for electronic components or electrical switching equipment such as relays, contractors or controllers.
6.3.8 Warranty will not be covered if it is found equipment is damaged by outside influences beyond the control of Dynamic Heating and Cooling or by other parties not engaged by us to carry out tasks. Some examples of this are: incorrect voltage, vandalism to equipment, flood, fire, lightning strike, modifications to equipment carried out by unauthorised personnel.
6.3.9 Warranty shall only be available between the hours of 9am to 4.30pm Monday to Friday, and excludes public holidays, and warranty does not include routine maintenance service including filter cleaning, rectification of faults arising from power failure, misuse of equipment, lack of routine maintenance or operator error.
6.3.10 Dynamic Heating and Cooling retains first option on any warranty sought against us. The involvement of any second party and/or contractor without our prior written authorisation will subsequently void any warranty claim.
7.1 The customer and its agents agree that the ownership of all goods, materials, parts, or equipment sold by Dynamic Heating and Cooling to the customer is retained by Dynamic Heating and Cooling and only passes to the customer when full and complete payment of all funds owing to Dynamic Heating and Cooling has been made and all funds have been cleared.
7.2 The customer here by grants a license to Dynamic Heating and Cooling and its staff and agents to enter into any premises owned or controlled by the customer, on which any goods in which property has not passed to the customer are stored, or installed to inspect their condition and conduct stock take. If the customer fails to pay by the due date any amount owing to Dynamic Heating and Cooling. Dynamic Heating and Cooling and its staff or agents may, (without prejudice to any of its other rights) recover and resell any such goods, and the customer hereby authorises Dynamic Heating and Cooling and its staff and or agents to enter onto the premises where the goods are located to take possession of the goods for that purpose at any time.
8. INTEREST AND CHARGES ON OVERDUE ACCOUNTS
8.1 If payments are not made and received by Dynamic Heating and Cooling within fourteen (14) days of the due date, Dynamic Heating and Cooling reserves the right to charge interest at a rate of 15% per annum, calculated daily on the amount outstanding, calculated from the due date of payment until payment is made in full.
8.2 The customer hereby agrees that such rates listed in clause “8.1” are reasonable estimation of the damages suffered by Dynamic Heating and Cooling in not receiving their payment as agreed.
8.3 Dynamic Heating and Cooling reserves the right to charge the customer in addition to clause “8.1” all costs associated with the recovery of overdue monies and including but not limited to all legal costs.
8.4 All late account that have exceeded the due date for payment by more than 30 days will in addition to clauses “8.1, 8.2, 8.3” incur a once of $132.00 book keeping and lodgement fee.
9. ACCOUNTS AND PAYMENT TERMS
9.1 All customers that have completed and have been accepted by Dynamic Heating and Cooling as an approved account customer may be invoiced for services provided. All Thirty (30) day accounts are to be paid on or before Thirty (30) days net from the date of issue of invoice. (Note: Due date for payment is clearly marked on all invoices).
9.2 Only customers that have completed a 30 day trading account application form may have services provided on a (30) day account.
9.3 For all non-account customers’ payment is strictly on completion by EFTPOS, Visa Card, Master Card or cash.
9.4 Customer accounts paid by Visa or MasterCard will be subject to a 2% surcharge on all invoice totals.
10. TRADING HOURS
10.1 Dynamic Heating and Cooling normal trading hours are Monday to Friday, between the hours of 8.00am and 6.00 pm.
11.1 All goods and services provided by Dynamic Heating and Cooling shall exclude but not be limited to the following-
PAINTING, PATCHING, PLASTERING, REMOVAL OF RUBBISH, PERMITS, INDUCTIONS, STRUCTURAL REPORTS
12. REPORT SHEETS
12.1 The signing of any report / invoice sheet by the customer or its staff is binding with these terms and conditions.
12.1 The signing of any report / invoice sheet by the customer or its staff is the acceptance of all items listed or described on the report / invoice sheet and including materials and the time worked.
13. STRUCTURAL REPORTS AND PERMITS
13.1 All structural reports and permits are to be obtained and paid for prior to any work being carried out and they are the sole responsibility of the customer