TERMS AND CONDITIONS
By accepting our Quote and placing an order, you accept that these terms form part of the Agreement between AllyRat Services Pty Ltd (“we”, “us”, “our”) and our Customer (“you”, “your”).
In these Conditions, the following definitions will apply:
Agreement means these Terms, any Invoice or Quote we provide you and our Parts and Labour Warranty;
COD means cash on delivery;
Credit means yohtml editur deferred debt to us for the purchase of the Service from us;
Delivery/Delivered means providing or having provided the service at the Delivery Address;
Delivery Address means the place of delivery specified on the Quote or Invoice issued by us;
Delivery Date means the date specified in the Quote or Invoice issued by us or otherwise advised to you;
Due Date means the day payment is due as advised by us to you;
GST means Goods and services tax imposed under any GST law;
Goods means the products and parts supplied or to be supplied by us to you as part of the Service;
Interest means interest payable at a rate of 15% per annum, compounding monthly; and
Service means the provision of labour and goods that are reasonably required to carry out repairs to, maintenance of, and installation of refrigeration, electrical and gas appliances as specified in a Quote or Invoice we provide you.
2. Payment for Service
2.1 Payment for the Service must be made COD unless we have agreed to provide you with Credit. If we provide Credit, then payment must be made by way of cleared funds on the Due Date in accordance within any credit terms we specify.
2.2 Late payments may, at our option, incur Interest from the Due Date to the date we receive payment.
2.3 We reserve the right to impose a cancellation fee of $49.50 if you cancel or reschedule delivery of a Service within two (2) hours of the appointed time for us to provide that Service.
3.1 The price we charge for the Services will be the price as set out in any Quote or Invoice provided to you.
3.2 If GST applies to any supply of Services, you must pay us the price of the Service supplied together with the GST.
3.3 We reserve the right to impose a cancellation fee of $49.50 if you cancel or reschedule delivery of a Service within two (2) hours of the appointed time for us to provide that Service.
4. Retention of Title
4.1 We will retain both the legal and equitable ownership of all Goods supplied to you until the purchase price in respect of such Service has been received in full by us by way of cleared funds.
- you fail to pay for the Service by the Due Date; or
- action is commenced to place you into voluntary administration, liquidation, receivership or external management; or
- we have reasonable grounds to believe that for whatever reason, you may be unable to pay for the Service,
by accepting delivery of the Service you agree to us entering upon any premises under your control to take possession of the Goods and agree to deliver up the Goods in good and merchantable condition, on demand by us.
4.3 You indemnify us against any action, claim or other demand which may arise out of any lawful act done by us in exercise of our rights pursuant to this clause.
4.4 We will be entitled to resell any Goods which we have taken into our possession pursuant to this clause and we will be released from all of our obligations to you under the Agreement.
4.5 All proceeds (whether tangible or not) with respect to any dealing with the Goods will be held by you in trust for us. You will:
- keep such proceeds in a separate account;
- keep records to enable identification of those proceeds and identification of the Goods to which those proceeds relate;
- make those records available to us on demand, until such time as we have been paid in full for the Goods.
4.6 In this clause “PPSA” means the Personal Properties Securities Act 2009, “PPSR” means the Personal Properties Securities Register established under the PPSA and “Security Interest”, “Proceeds”, “Financing Statement”, “Financing Change Statement”, “Accounts and Accessions” and “Purchase Money Security Interest” have the meanings given to them in the PPSA.
- You acknowledge you have granted us a Security Interest in the Goods and their Proceeds including any Accounts and Accessions by virtue of the retention of title pursuant to this clause 9.
- You agree that:
- the Goods we supply secure the payment of the price of those Goods and of any other Goods or services we supply;
- you will do all things necessary to register a Financing Statement or Financing Change Statement on the PPSR as a Security Interest and a Purchase Money Security Interest pursuant to the PPSA.;
- you will not change your name, A.C.N. or A.B.N. or other details required on the PPSR without first notifying us;
- you waive rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of the Security Interest created pursuant to these Terms;
- you must pay our cost to discharge or amend any Financing Statement or Financing Change Statement.
- To the extent permitted by law, you agree that sections 130, 142 and 143 of the PPSA will not apply.
- To the extent permitted by law, you waive any rights you have under, and hereby contract out of sections 95, 123, 129(2), 132, 134(2) and 135 of the PPSA.
- You agree the provisions of this clause 5 apply despite any arrangement under which we grant Credit to you.
- A copy of the PPSA is available for free download at http://www.comlaw.gov.au.
5.1 Where you are in default in the performance of any of your Obligations under the Agreement, we may, at our election and without prejudice to any of our other rights, refuse to supply or deliver further Services to you.
5.2 All costs and expenses incurred by us in recovering monies due to us will be payable by you within seven (7) days of written demand being made to you by or on our behalf.
6. Warranties and Liabilities
Subject to the terms of any written warranty which may be provided by us (and in that event, will be attached to these Terms) and the provisions of any applicable Australian Consumer Laws, where the Services provided by us to you are demonstrated to our reasonable satisfaction to be defective, our liability for breach of any express or implied condition, warranty as to quality, description, fitness for purpose or condition is limited to the following as determined by us:
- the replacement of the Service or equivalent Service, or if this is not possible, or
- payment for the replacement cost of the Service or equivalent Service.
7.1 Dates and times quoted for Delivery are estimates only and any delay in Delivery will not entitle you to seek damages or any other remedy.
7.2 No alleged defect in the Service or claim in respect of the Service delivered will entitle you to refuse to accept Delivery of any other part of the Service.
8. Force Majeure
We will be entitled to give notice to you to either extend the time for delivery of the Service for a reasonable period or to terminate this Agreement if we are prevented from performing any of our obligations including (without limitation) making a delivery of Service by reason of breakdown of plant or machinery, war, terrorist attack, strike, industrial dispute, government interference, transport delay, act of God, flood, fire, accident, non-delivery or shortage of supplies of Service or any other cause not under our control.
9. Damage or Defects
9.1 You must, within seven (7) days of receipt of Delivery of the Service, check the Goods and notify us in writing of any alleged damage, defects in quality. We will endeavour to replace any damaged Goods or remedy any inaccuracies as soon as reasonably practicable but will not be liable for any loss or damage which arises or results from any inaccuracy, damage or short supply save for our liability under clause 6.
9.2 Any dispute will be referred to an independent Quality Assurance assessor for determination as soon as reasonably practicable provided that our liability for loss or damage which arises or results from any inaccuracy, damage or short supply will be limited under clause 6.
9.3 Failure to notify us in accordance with clause 9.1 may preclude you from making any claim against us for damaged or defective Service or for inaccuracies in a Tax Invoice/Statement and it will be assumed that you are satisfied with the condition, quality and safety of the Service, their fitness for purpose and their compliance with the description
9.4 Authorised returns must be sent to us at your expense. If not sent in such a way, your Credit may be increased by any cost of freight.
10. Governing Law
This Agreement is governed by the laws of Queensland and you agree the Courts exercising jurisdiction in Queensland have jurisdiction over any dispute between us.
You indemnify us against any and all injuries, actions, proceedings, claims, demands, liabilities, losses, damages, costs, penalties and all expenses legal or otherwise (including court costs and legal fees reasonably incurred) and of whatsoever kind and nature arising out, of or alleged to arise out of, the Delivery, selection, purchase, acceptance or rejection, ownership, possession, use or storage of the Goods.
12.1 Nothing in this Agreement may be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified, including without limitation the operation of Schedule 2-5 of the Australian Consumer Laws.
12.2 If any provision in this Agreement is or at any time becomes illegal, invalid or unenforceable, the remaining provisions will continue in full force and effect. Any illegal, invalid or unenforceable provision will, so far as possible, be read down to the extent that it may be necessary to ensure it is not illegal, invalid or unenforceable. All of your obligations under this Agreement will survive the severance of any provision, or part of a provision, to the extent required to be fully observed and performed.
Parts and Labour Warranty
- AllyRat Services Pty Ltd warrants their workmanship and spare parts to the cost of repair or replacement for a period of 12 months for Domestic Parts and Workmanship or for a period of 3 months for Commercial Parts and Workmanship from the time that the repair, maintenance or installation was carried out providing that the covered part is found in normal use to be defective in material or workmanship. Warranty shall become void if the new part has become defective as a result of the owner’s failure to properly maintain or operate the device in accordance with the recommendations and / or instructions specified by the manufacturer.
- Domestic Parts and Workmanship are defined as products used or labour carried out in a domestic situation and for personal use.
- Commercial Parts and Workmanship are defined as products used or labour carried out in a commercial situation or for use in a business or a business premises.
- To the extent permitted by the Australian Consumer Law (and without excluding or limiting liability under the Australian Consumer Law to the extent such exclusion or limitation is prohibited by those laws):
- AllyRat’s warranty is limited to repair/replacement and does not extend to any claim for damages to the purchaser or any other person for any loss (including without limitation consequential damages or loss of profit, freight/shipping or travel costs, ) or damage howsoever caused whether or not such loss or damage arises as a result of any defect in those goods or from the failure or omission on AllyRat’s part to comply with any obligation at law; and
- AllyRat’s warranty will not extend to depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, lack of proper protection during storage, accident, normal maintenance parts and service or if any unauthorised modifications, alterations, or substitutions of any parts have been made, or there is any other breach by the purchaser of the purchase terms and conditions, a copy of which the purchaser acknowledges receiving at the time of purchase.
- Immediately report the part or workmanship defect to AllyRat in writing;
- Present evidence of the warranty start date; and
- Make the part or workmanship available to AllyRat within a reasonable period of time for assessment and, if applicable, repair/replacement.