Terms and Conditions

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 dealing 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.

a) if you are a natural person, you commit any act of bankruptcy under the Commonwealth Bankruptcy Act 1966; or

You must pay to us any costs (including without limitation debt collector’s commission, court costs and solicitors 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.

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

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) are detailed separate on our invoices.

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

* In lieu of any warranty, condition or liability express or implied by law of statute the 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 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 buy us. In lieu of any warranty, condition or liability express 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 express 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 express or implied whether such Liability is in contract or tort, at law or equity or in any way whatsoever that 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 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.

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

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.

You hereby consent to us registering a Security Interest over any such property on the Personal Property Securities Register.  

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

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.

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.