- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
These terms govern every contract for sale of goods and/or provision of services by iSupply HVAC. These terms, as amended or replaced from time to time, apply to any goods or services supplied or to be supplied to the customer, or any third person on the customer’s behalf. Any reference to the customer also includes its respective successors or permitted assigns. The singular includes the plural and the converse. If the customer constitutes more than one person or entity, these terms bind each of them jointly and severally.
- Payment and orders
The customer must pay the invoiced amount at time of purchase or when set up with a business credit account within 30 days of statement, free of any set off, counterclaim or any other deduction. Credit card payments will attract a fee. iSupply HVAC may allocate payments in any manner it chooses. The price of all goods is exclusive of GST except where the price is expressed to be inclusive of GST.
Should any invoice remain unpaid after the Due Date then:
(a) the customer must pay interest on the overdue amount at an annual rate equal to 8.00% calculated on a daily basis; and
(b) Should that invoice remain unpaid for a further 14 days, then iSupply HVAC may stop all work or require the return of all goods without notice and/or terminate this agreement, and the entire amount will be payable immediately on demand.
The customer agrees to pay for so much of any forward order as is from time to time invoiced by iSupply HVAC. Each order by the customer will constitute an offer only, by the Customer to iSupply HVAC. iSupply HVAC reserves the right to vary any prices quoted by the customer, prior to any order being accepted.
iSupply HVAC will not be responsible for any failure to fulfil any part of any such order, nor entitle the customer to cancel or vary any such order.
Delivery to the customer will be at iSupply HVAC premises or as requested by the customer and approved in writing by iSupply HVAC. If the customer has not collected goods from iSupply HVAC after 14 days of any nominated delivery date, the customer must pay all storage costs.
iSupply HVAC will not be liable for any delays. All expenses relating to delivery, insurance, transit or storage of goods after delivery to the customer will be at the customer’s cost.
iSupply HVAC may stop goods in transit whether or not delivery has been made if the customer is in default at any time.
iSupply HVAC may in its absolute discretion unload goods at any premises that the customer nominates for delivery. If the customer is not in attendance at any nominated premises, iSupply HVAC may leave any goods and iSupply HVAC shall not be responsible for any claims, damages, costs, or expenses arising or resulting there from including any claim that the goods were not delivered.
Delivered goods may not be returned unless defective or damaged in transit. Claims for defective or damaged goods
must be notified within 24 hours of delivery and made in writing within 7 days of invoice date. iSupply HVAC will not be liable for any claim advised after that time. Claims are subject to inspection and must be returned in their original packaging.
Custom made goods or special orders may not be returned.
The customer irrevocably authorises iSupply HVAC and any of its lawful agents, at any reasonable time, to enter the customer’s premises or any premises occupied by the customer or its agents and re-take any goods and then to re-sell those goods and retain the proceeds of the sale without prejudice to iSupply HVAC rights to claim the balance of all moneys due. The Customer indemnifies iSupply HVAC in respect of any such entry. The provisions of this clause survive the termination of any security agreement that arises in respect of these terms.
- Warranty and Claims
Warranty on new air conditioning units and new parts are subject to the manufacturer’s warranty. iSupply HVAC will extend to customer the benefits of any warranty iSupply HVAC has received from the manufacturer. However, where permissible by law, the customer must pay for all work undertaken in carrying out a repair (including costs of freight, travelling and reinstallation) if the manufacturer’s assessment determines the claim does not fall within the manufacturer’s warranty terms.
Risk in goods passes on delivery to the customer. The customer must provide proof of purchase to make a claim under any warranty.
Nothing in these terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:
“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
The product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies a customer may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. However, the customer must check the manufacturer’s warranty carefully as many manufacturers’ warranties will not apply in a business or commercial setting. If the customer would like to make a claim under the manufacturer’s warranty, please contact our customer service team.
To the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms are excluded;
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from iSupply HVAC’s failure to meet an applicable consumer guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these terms (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from iSupply HVAC, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
(c) iSupply HVAC’s total liability arising out of or in connection with the products, the services or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these terms.
Where by law iSupply HVAC is unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
In most instances, where the customer has experienced an issue with a product that comes with a manufacturer’s warranty, the manufacturer will be able to provide a faster assessment and remedy than iSupply HVAC. Many manufacturers will have dedicated support centres with access to more detailed knowledge on their respective products, in addition to better access to spare parts. You may prefer to contact the manufacturer directly to seek a resolution.
Unless expressly indicated otherwise, iSupply HVAC is not the manufacturer of the products sold on this website. While iSupply HVAC works to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. iSupply HVAC recommends that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to iSupply HVAC.
iSupply HVAC accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
The benefits to you given by iSupply HVAC’s warranty are in addition to other rights and remedies that you may have under law in relation to the products to which this warranty relates.
If the customer wishes to make a claim under warranty, it should:
- first contact the manufacturer; or
- secondly, telephone: 0433797360, or email: firstname.lastname@example.org
The customer agrees that claims may be made under the Building and Construction Industry Security of Payment Act 1999 NSW (as amended from time to time).
- Risk and Retention of Title
All goods and equipment provided, supplied or installed remains the property of iSupply HVAC until all amounts outstanding have been paid. In the event of a default by the customer, then without prejudice to any other rights which iSupply HVAC may have, iSupply HVAC or its agent may:
(a) without notice to the customer enter the customer’s premises or any premises under the control of the customer for the purposes of recovering the goods;
(b) recover and resell the goods; (c) suspend delivery of any goods on order and/or refusing
to process any unfulfilled order; (d) enforce any security interest;
(e) require payment of any proceeds held by the customer in a separate account or otherwise; or
(f) appoint a receiver and manager of any of the customer’s real or personal property. The customer agrees that any such receiver and manager has the powers conferred by the Corporations Act.
If the goods cannot be distinguished from similar goods which the customer has or claims to have paid for in full, iSupply HVAC may in its absolute discretion seize all goods matching the description of the goods and hold for a reasonable period so that the respective claims of iSupply HVAC and the customer may be ascertained. iSupply HVAC must promptly return to the customer any goods the property of the customer and is in no way liable or responsible for any loss or damage to the goods or for any loss, damage or destruction to the customer’s business howsoever arising from the seizure of the goods.
In the event that the customer uses the goods in some manufacturing or construction process of its own or some third party, then the customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the goods in trust for iSupply HVAC. Such part will be an amount equal in dollar terms to the amount owing by the customer to the iSupply HVAC at the time of the receipt of such proceeds. The customer will pay such funds held in trust upon the demand of iSupply HVAC.
The Customer agrees not to grant any security interest over any of its personal property except in the ordinary course of business or a security interest in any account as original collateral under s 64 of the PPSA.
- Limitation on Claims
To the maximum extent permitted by law, the customer will make any claim in connection with this agreement (including damages for breach), unless legal proceedings have been properly issued and validly served on the other party within 1 year from the date of the work.
To the maximum extent permitted by law:
(a) the customer may only recover once for the same loss from iSupply HVAC, and cannot bring a claim for any amount or loss to the extent that:
(i) the same amount or loss has been recovered in another claim, or is made good or is compensated for without cost to the customer;
(ii) the customer is entitled to recover from a person other than iSupply HVAC (including a claim on an insurance policy) for any part of that amount; or
(iii) it would have been able to claim the amount under an insurance policy had it insured in the way normally done by prudent businesses carrying on a business like theirs.
(b) the liability for iSupply HVAC for all claims in aggregate by the customer is limited to an amount equal to the contract value;
(c) all other warranties whether implied or otherwise, not set out in these terms are excluded and iSupply HVAC is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
(i) any increased costs, delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by iSupply HVAC employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control; or
(ii) loss of use, loss of profit, increased operating or maintenance expenses, claims of third parties including customer’s tenants or clients, or any special, economic, indirect or consequential loss.
No claim by the customer for breach of or non-compliance with any provision of this document is enforceable unless written notice of the claim has been given and iSupply HVAC has failed to remedy that breach or non-compliance within 28 days of receipt of that notice.
- Personal Properties and Securities Act 2009 (Cth) (“PPSA”)
(a) Defined terms in this clause have the same meaning as given to them in the PPSA.
(b) iSupply HVAC and the customer acknowledge that these terms constitute a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of iSupply HVAC over the goods supplied or to be supplied to the customer as Grantor pursuant to these terms.
(c) The goods supplied or to be supplied under these terms fall within the PPSA classification of ”Other Goods” acquired by the customer.
(d) The customer acknowledges that iSupply HVAC, as Secured Party, is entitled to register its interest in the goods supplied or to be supplied to the customer, as Grantor, under these terms on the PPSA Register as Collateral.
(e) The customer waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the customer, as Grantor, to iSupply HVAC.
(f) The customer agrees to indemnify iSupply HVAC on demand for all costs and expenses, including legal costs and expenses on a solicitor and client basis, associated with the:
(i) registration or amendment or discharge of any Financing Statement registered by or on behalf of iSupply HVAC; and
(ii) enforcement or attempted enforcement of any Security Interest granted to iSupply HVAC by the customer.
(g) The customer agrees:
(i) that, to the extent permitted at law, nothing in sections 130 to 143 of the PPSA will apply to these terms or the Security under these terms;
(ii) to waive its right to do any of the following under the PPSA:
(A) receive notice of removal of an Accession under s 95;
(B) receive notice of an intention to seize Collateral under s 123;
(C) receive notice of disposal of Collateral under s 130;
(D) receive a Statement of Account if there is no disposal under s 130(4);
(E) receive notice of retention of Collateral under s 135;
(F) redeem the Collateral under s 142; (G) reinstate the Security Agreement under s 143;
(H) object to the purchase of the Collateral by the Secured Party under s 129; and
(I) receive a Statement of Account under s 132(3) (d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
To the fullest extent permitted by law, the customer shall indemnify and hold the harmless iSupply HVAC, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to legal fees, arising out of or resulting from breach, performance or work, provided that such claim, damage, loss or expense is caused in whole or in part by an act or omission of the customer, anyone directly or indirectly employed by the customer, or anyone for whose acts the customer may be liable, regardless of whether it is caused in part by the negligence of iSupply HVAC.
Unless otherwise agreed to in writing by iSupply HVAC, the customer shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.
The customer must take all reasonable action to mitigate any loss suffered for which a claim could be made. Nothing in this document restricts or limits any general obligation at law to mitigate any loss or damage.
The price agreed does not include any expense covering damage arising from hidden or unknown contingencies found at the job site. For example, faults or deteriorations of the building structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the quote.
This agreement shall exclude the following items and it shall be the responsibility of the customer to provide these services unless otherwise agreed in writing:
(a) the performing of any building work including (but not limited to) patching, painting, flashing, boxing in;
(b) furring in, plinths or platforms;
(c) metered electrical mains brought to a point adjacent to the equipment as required;
(d) alterations to the switchboard or existing mains supply; and
(e) condensate drains brought to a point adjacent to the equipment as required.
iSupply HVAC is not liable for any delay or the failure to perform any obligation in the customer’s favour arising as a result of any event beyond iSupply HVAC’s control.
Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect. No amendment to these terms, whether in the customer’s purchase order or otherwise, is binding unless agreed to in writing by an authorised employee of iSupply HVAC.
A right may only be waived in writing, signed by the party giving the waiver.
This document is governed by the law in force in New South Wales and each part submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.