Unless specifically stated otherwise, the following clauses shall form the Company’s terms and the conditions.
Time is of the essence for the PURCHASE ORDER. The time stipulated for delivery of GOODS shall be strictly adhered to.
Without prejudice to SUPPLIER’S obligation to deliver the GOODS on time, SUPPLIER shall give PURCHASER notice in writing immediately if any delay is foreseen. Failure to deliver on the date specified or subsequently agreed shall entitle PURCHASER (without prejudice to any other rights it may have)
Property and risk in the GOODS shall remain with SUPPLIER until they are delivered at the point specified in the PURCHASE ORDER and a delivery order is signed. The passing of property shall not affect the right to reject the GOODS.
Until payment is received in full all materials provided remains the property of S&K Electrical Contracting.
In the case of GOODS delivered by SUPPLIER not conforming with the PURCHASE ORDER whether by reason of not being of the quality or in the quantity or measurement stipulated or being unfit for the purpose for which they are required, PURCHASER shall have the right to reject such GOODS within a reasonable time of their delivery and inspection and to purchase elsewhere and to claim for any additional expense incurred without any prejudice to any other right which PURCHASER may have against SUPPLIER. The making of any prior payments by PURCHASER shall not prejudice PURCHASER’S right of rejection.
a. For Default:
In the event of any breach of any of the terms and conditions of the PURCHASE ORDER including failure to deliver by the due date, then PURCHASER without prejudice to any other rights, may terminate the PURCHASE ORDER and may return GOODS previously supplied under the PURCHASE ORDER for full credit by SUPPLIER. In the event of termination due to non -delivery or non-acceptance due to SUPPLIER’s breach of the terms and conditions hereof, SUPPLIER shall undertake to reimburse all monies paid by PURCHASER prior to the date of termination including all direct costs and expenses incurred by PURCHASER arising from or in connection with the termination.
b. For Liquidation or Reconstruction:
PURCHASER may terminate the PURCHASE ORDER with immediate effect:
The PURCHASE ORDER may be terminated at any time by PURCHASER giving notice in writing. On receipt of such notice, SUPPLIER will cease production or delivery of the PURCHASE ORDER. In full settlement, PURCHASER shall pay a fair and reasonable price for all GOODS delivered or in a deliverable state at the date when such notice is given together with such other changes occasioned directly by the termination as PURCHASER shall consider reasonable.
SUPPLIER shall be responsible for and shall indemnify PURCHASER from and against all claims, proceedings, demands and causes of action in respect of any damage, loss or injury (including death) to any person or property arising out of SUPPLIER’s negligence, acts or omissions, without regard to whether any negligence, act or omissions of PURCHASER contributed to such injury, death or property damage.
SUPPLIER shall protect, indemnify and hold harmless PURCHASER and its personnel, against any and all liability, loss or expense by reason of any claim, action or litigation in respect of any patent copyright or trademark, foreign or domestic, resultant from the use or resale of GOODS.
If execution of the PURCHASE ORDER requires any licence or other permit issued in the country of shipment and/or origin, the PURCHASE ORDER shall be conditional upon such licence or other permit being available at the relevant time. SUPPLIER shall be fully responsible for obtaining the necessary licence and permit.
SUPPLIER warrants to PURCHASER and its clients that the GOODS shall comply in every respect with any specifications, drawings and other data forming part of the PURCHASE ORDER and shall be free of defective materials or workmanship and is complete without any omissions. SUPPLIER shall be fully responsible for making good immediately upon being notified by PURCHASER any omission and defects in the GOODS or any portion thereof which may appear or occur during the warranty period, which shall not in any case be less than twelve (12) months from the date of completion of offshore commissioning or eighteen (18) months from the date of shipment, whichever occurs first. SUPPLIER shall ensure that the warranty is directly extended to the PURCHASER and, at the PURCHASER’s option, the PURCHASER may exercise any of the warranty herein directly against the manufacturer of the GOODS and its agents. SUPPLIER’s liability hereunder shall extend to all damages directly cause by the omissions or defects, including incidental damages such as removal, inspection, costs of return or storage. SUPPLIER shall not be liable for any indirect, remote or consequential losses.
Any PURCHASE ORDER placed by the PURCHASER including all accompanying designs, drawings, specifications and information which may be treated as confidential and in particular the SUPPLIER shall not make use of the PURCHASER’S NAME or the name of any companies associated with the PURCHASER for publicity purposes without the consent of the PURCHASER.
Neither party shall be liable for any failure to fulfil any term of the PURCHASE ORDER if fulfilment has been delayed interfered with or prevented by force majeure. Force majeure may only be involved if the event preventing the fulfilment is due to no fault of the obligor, is not for his risk and has occurred since the obligation came into being.
All taxes, fees and duties assessed against SUPPLIER, in connection with the PURCHASE ORDER by national or local authorities having jurisdiction over SUPPLIER at its place of business and at place of execution of the PURCHASE ORDER shall be for SUPPLIER’s account.
SUPPLIER shall effect and maintain at its own cost, all applicable insurances as required by law and to cover SUPPLIER’s responsibilities and liabilities under the PURCHASE ORDER. Nothing contained herein shall serve in any way to limit or waive SUPPLIER’s responsibilities or liabilities under the PURCHASE ORDER.
The PURCHASE ORDER shall be governed, construed and shall take effect in accordance with the laws of Australia and SUPPLIER agrees to submit to the exclusive jurisdiction of the Australian Courts.
The terms and conditions set out on the PURCHASE ORDER together with any subsequent amendments made in writing by PURCHASER represent the entire terms and conditions of the agreement between the PURCHASER and SUPPLIER.
Where special conditions are stated in the PURCHASE ORDER, those conditions shall apply equally with the general terms and conditions shown herein except that where there is any inconsistency between the general and special conditions, the special conditions shall apply.
Where a service is being provided on property occupied by PURCHASER, SUPPLIER shall be responsible for the safety of all persons engaged on the work, and all persons who may be affected by activities of SUPPLIER and shall comply with all PURCHASER’s safety regulations and procedures.
Failure by PURCHASER to enforce the performance of any of the provision of the PURCHASE ORDER shall neither be deemed to be a waiver of its rights hereunder nor shall it affect the validity of the PURCHASE ORDER in any way. Any waiver by PURCHASER to any breach of the PURCHASE ORDER shall not constitute a precedent nor bind the parties to any subsequent breach by SUPPLIER.
S&K Electrical Contracting Pty Ltd cannot be held responsible for any pre-existing condition that is not apparent upon visual inspection.
These conditions may include but not be limited to:
S&K Electrical Contracting Pty Ltd will only warrant claims with respect to workmanship of the services provided if the claim is reported within 7 days of completion of the work. In the event of a customer complaint, the customer undertakes to give S&K Electrical Contracting Pty Ltd the opportunity to rectify all work.
S&K Electrical Contracting Pty Ltd technicians will only provide outdoor condenser coil flushing where listed with a service if the condenser is mounted at ground level. All bracket and roof mounted condensers are required to have 2 technicians perform work at heights and therefore surcharges would apply.
S&K Electrical Contracting Pty Ltd Guarantee the indoor Evaporator Coils to be mould free for a minimum period of 12 months on Premium Clean from the Date of Service. Customers must retain their S&K Electrical Contracting Pty Ltd Tax Invoice as proof of purchase to honour any warranty claim
Warranty exemptions – S&K Electrical Contracting Pty Ltd 12 month mould free warranty does not apply to air conditioners in kitchens, beauty salons, hairdressers, massage therapy rooms, manufacturing plants, food production areas or bakeries.
Whilst S&K Electrical Contracting Pty Ltd treatment and products do have deodorising effects, we do not guarantee against odours reoccurring.
Over many years the common source of odours has been proven to come from
A S&K Electrical Contracting Pty Ltd premium clean will address most odour problems originating from biological contamination on evaporator coils.
Please refer to our Client Terms and Conditions above.
Surcharges can be applied;