Terms and Conditions

Terms and Conditions

TERMS OF TRADE & SUPPLY Each sale is made on these terms. By ordering goods or services from Amended Air, you agree to be bound by these terms. Any previous dealings you have had with Amended Air do not affect these terms, nor will any terms or conditions set out in your order forms or other documents. However, if we provide you at any time with additional trading terms and conditions, those additional trading terms and conditions will take precedence over these terms to the extent of any inconsistency.

TERMS OF PAYMENT

You must pay all invoices on completion of the job or within 7 days in which the goods or services were supplied unless otherwise directed by us. However, upon any of the following events occurring, payment will become due immediately, and your right to possession of any goods supplied by Amended Air will cease, and we will be entitled to recover possession of those goods:

1. If you are a natural person, you commit any act of bankruptcy under the Commonwealth Bankruptcy Act 1966; or
2. If you are a legal entity other than a natural person:
   1. you are unable to pay our debts as and when they fall due; or
   2. you become, resolve to become, or are under threat of becoming, subject to any form of insolvency administration.

You must pay to us any costs (including, without limitation, debt collector's commission, court costs, and solicitor's costs on a full indemnity basis) we incur to recover (or attempt to recover) any overdue payment or to repossess (or attempt to repossess) any goods.

PRICES

The prices set (including these terms) are subject to alteration without notice. These terms continue to apply regardless of any discounts that may be agreed to.

GOODS & SERVICES TAX

Where we make any supply to you, the consideration payable or to be provided for that supply will be increased by, and you must pay to us, an additional amount equal to the GST payable by us on that supply. You must pay this additional GST amount at the same time and in the same manner as you pay for the supply. Goods and Services Tax (GST) is detailed separately on our invoices.

Orders are accepted to our ability to fulfil. We do not accept responsibility for delays.

WARRANTY

• In lieu of any warranty, condition, or liability expressed or implied by law or statute, Amended Air's liability in respect of any defect in or failure of goods or for any loss, injury, or damage attributable directly or indirectly thereto is limited to making good by repair or replacement of goods of the Company's manufacture, which within a limited period of three (3) calendar months after despatch from our works shall have proved defective (fair wear and tear excepted), provided the goods have been properly maintained. In no circumstances shall Amended Air be liable for any consequential loss whatsoever.
• This warranty shall not apply to any goods or components supplied by a person other than Amended Air, even though such goods or components may be included in equipment sold by us. In lieu of any warranty, condition, or liability expressed or implied by law or statute in respect of such goods or components, Amended Air's obligation shall be limited to passing on to the purchaser such guarantee restitution as Amended Air shall actually receive from the manufacturer in respect of such goods or components.
• All other warranties, descriptions, representations, or conditions as to fitness for any purpose, merchantability, or otherwise howsoever, whether expressed or implied by law, trade custom, or otherwise, are hereby expressly excluded. If Amended Air shall be held to be liable for any misrepresentation, statement, warranty, condition, agreement, or advice or communication of any sort, expressed or implied, whether such liability is in contract or tort, at law or equity, or in any way whatsoever, the purchaser shall not be entitled to cancel the contract, and Amended Air's liability shall in any event be limited to and shall not exceed the cost of making good by repair or replacement of the goods, components, or equipment subject to this contract. Amended Air shall in no event be liable for any indirect or consequential loss or damage whatsoever.
• Warranty is not transferable to any third party. It remains solely with the original purchaser.

INDIRECT LOSS

In no circumstance whatsoever will Amended Air have any liability in respect of any indirect or consequential loss suffered by the buyer.

REPLACEMENT

You acknowledge and agree that any rights you may have shall be limited to replacement of faulty or defective equipment or rectification of defective services.

PPSR

You hereby charge all of your real and personal property in security of your performance of your obligations under these Terms and Conditions. You hereby consent to us registering a Security Interest over any such property on the Personal Property Securities Register.

JURISDICTION

The law of the State of Queensland governs this document. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland and Australia.

SEVERABILITY

Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective to the extent of that prohibition or unenforceability. This does not invalidate or affect the validity and enforceability of that provision in any other jurisdiction nor the validity and enforceability of the remaining provisions of these Terms.

NO WAIVER

A right in favour of Amended Air under these Terms, a breach of an obligation of the Client under these Terms, or the occurrence of an Event of Default can only be waived by a written instrument signed by the Secured Party. No other act, omission, or delay of the Secured Party will constitute a waiver.

A single or partial exercise or waiver by Amended Air of a right relating to these Terms will not prevent any other exercise of that right or the exercise of any other right.