Terms of service.

Acceptance

Any instructions received by AC2ME from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by AC2ME shall constitute acceptance of the terms and conditions contained herein.

Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Contractor.

The Client shall give the AC2ME not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s failure to comply with this clause.

Goods are supplied by AC2ME and/or contracting company on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

By commencing on site also authorises the acceptance of these terms.

Price and Payment

At AC2ME’s sole discretion, the Price shall be either:

as indicated on invoices provided by AC2ME to the Client in respect of Goods supplied; or

AC2ME’s quoted Price (subject to clause 2) which shall be binding upon the Contractor provided that the Client shall accept the Contractor’s quotation in writing within thirty (30) days.

AC2ME reserves the right to change the Price in the event of a variation to the Contractor’s quotation. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties or as a result of increases to AC2ME in the cost of materials and labour) will be charged for on the basis of the AC2ME quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

At the AC2ME’s sole discretion, a deposit may be required.

AC2ME may submit a detailed payment claim at intervals not less than weekly for work performed up to the end of each week. The value of work so performed shall include the reasonable value of authorised variations and the value of materials delivered to the site but not yet installed.

At AC2ME’s sole discretion payment shall be due on delivery of the Goods.

Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due Two (2) days following the date of the invoice. At our discretion we may request payment prior to install due to your location in relation to our stores or the size of the job.

Payment will be made by direct credit, or by any other method as agreed to between the Client and AC2ME.

GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

Delivery of Goods

At AC2ME’s sole discretion delivery of the Goods shall take place when the Client takes possession of the Goods at the Client’s nominated address.

The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery.

Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:

such discrepancy in quantity shall not exceed five percent (5%); and the Price shall be adjusted pro rata to the discrepancy.

The failure of AC2ME to deliver shall not entitle either party to treat this contract as repudiated.

AC2ME shall not be liable for any loss or damage whatsoever due to failure by supplier to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the AC2ME.

Risk

If AC2ME retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, AC2ME is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by AC2ME is sufficient evidence of AC2ME’s rights to receive the insurance proceeds without the need for any person dealing with us to make further enquiries.

Where the Client expressly requests AC2ME to leave Goods outside the client's premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.

Where AC2ME is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and AC2ME shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.

Prior to AC2ME commencing any works the Client must advise us of the precise location of all known Asbestos/Hazardous Materials on the worksite and clearly mark the same. Removal from the worksite and the disposal of Asbestos/Hazardous Materials shall at all times be the Client’s responsibility unless otherwise agreed in writing.

In the event that AC2ME discovers Asbestos/Hazardous Materials whilst undertaking any works the Contractor shall immediately advise the Client of the same and shall be entitled to suspend the works pending a risk assessment in relation to those materials.

The Client shall be liable for all additional costs incurred by AC2ME (however arising) as a result of the discovery of Asbestos/Hazardous Materials and/or any suspension of works in relation thereto.

Access

The Client shall ensure that AC2ME has clear and free access to the work site at all times to enable them to undertake the works. The Contractor shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concrete or paved or grassed areas) unless due to the negligence of AC2ME.

Hidden Mains & Services and Damage

Prior to the Contractor commencing any work the Client must advise AC2ME of the precise location of all hidden services on the site and clearly mark the same. The hidden mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.

Whilst AC2ME will take all care to avoid damage to any hidden services the Client agrees to indemnify AC2ME in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 1.

As you will be aware we are working on your roof and around your home – we will not be held liable to any plaster brick or damage to structure while installing your new Ducted or Split system air conditioning.

Damage from sweating and blocked drains are not covered in warranty, we recommend regular servicing to check the duct and system as well as maintain it due to the humid environment we live in.

AC2ME and the Client agree that ownership of the Goods shall not pass until:

the Client has paid the Contractor all amounts owing for the particular Goods; and

the Client has met all other obligations due by the Client to the Contractor in respect of all contracts between AC2ME and the Client.

Receipt by AC2ME of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then AC2ME’s ownership or rights in respect of the Goods shall continue.

It is further agreed that:

where practicable the Goods shall be kept separate and identifiable until AC2ME have received payment and all other obligations of the Client are met; and

until such time as ownership of the Goods shall pass from AC2ME to the Client then we may give notice in writing to the Client to return the Goods or any of them to the us.

Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and

AC2ME shall have the right of stopping the Goods in transit whether or not delivery has been made; and

if the Client fails to return the Goods to AC2ME then the Contractor or the Contractor’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods are situated and take possession of the Goods; and

the Client is only a bailee of the Goods and until such time as AC2ME has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to the Contractor for the Goods, on trust for the Contractor; and

the Client shall not deal with the money of the Contractor in any way which may be adverse to the Contractor; and

the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Contractor; and

AC2ME can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and

until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that the Contractor will be the owner of the end products.

Security and Charge

Despite anything to the contrary contained herein or any other rights which AC2ME may have howsoever:

where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the AC2ME or the Contractor’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that AC2ME (or the Contractor’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

should AC2ME elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis.

the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Contractor or the Contractor’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 1.

Defects

The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify AC2ME of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford AC2ME an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which AC2ME has agreed in writing that the Client is entitled to reject, the Contractor’s liability is limited to either (at the AC2ME’s discretion) replacing the Goods or repairing the Goods except where the Client has acquired Goods as a consumer.

Goods will not be accepted for return other than in accordance with 1 above.

Warranty

For Goods not manufactured by AC2ME, the warranty shall be the current warranty provided by the manufacturer of the Goods. AC2ME shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods. Normal maintenance recommended by the owner’s manual is not covered by this warranty and we recommend that owners take the time to familiarise themselves with the operating and maintenance requirements, which include although not limited to:

Operating and maintaining the product in accordance with instructions;

Cleaning of the air filters and replacement where necessary;

Ensuring that the air inlet and outlet on the outdoor unit is kept clear;

All Items / Services / Invoices shall be paid prior to any warranty claim being made. It is also acknowledged that the goods shall not be used unless completely paid for. As it is a third party product that is being installed we are required to meet manufactures requirements – as such they require a paid invoice prior to conducting any warranty work.

All work must be paid for within the due date to honour any installation work, if you failed to meet the payment terms it will be at our discretion to honour any installation warranty.

Default and Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at AC2ME’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.

In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by AC2ME.

If the Client defaults in payment of any invoice when due, the Client shall indemnify AC2ME from and against all costs and disbursements incurred by the AC2ME in pursuing the debt including legal costs on a solicitor and own client basis and AC2ME’s collection agency costs.

Without prejudice to any other remedies AC2ME may have, if at any time the Client is in breach of any obligation (including those relating to payment) AC2ME may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions.

AC2ME will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this clause.

If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00) shall be levied for administration fees which sum shall become immediately due and payable.

Without prejudice to AC2ME’s other remedies at law the AC2ME shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable in the event that:

any money payable to AC2ME becomes overdue, or in the AC2ME’s opinion the Client will be unable to meet its payments as they fall due; or

the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Compliance with Laws

The Client and AC2ME shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.

The Client shall obtain all licences and approvals that may be required for the works.

The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.

Cancellation

AC2ME may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice AC2ME shall repay to the Client any sums paid in respect of the Price. AC2ME shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by AC2ME (including, but not limited to, any loss of profits) up to the time of cancellation.

Cancellation of orders for Goods made to the Client’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.

Privacy Act 1988

The Client agrees that AC2ME may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

to assess an application by the Client; and/or

to notify other credit providers of a default by the Client; and/or

to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

to assess the creditworthiness of the Client.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit.

The Client agrees that personal credit information provided may be used and retained by AC2ME for the following purposes (and for other purposes as shall be agreed between the Client and Contractor or required by law from time to time):

the provision of Goods; and/or

the marketing of Goods by AC2ME, its agents or distributors; and/or

analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or

processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

General

AC2ME shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions.

In the event of any breach of this contract by AC2ME the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by AC2ME nor to withhold payment of any invoice because part of that invoice is in dispute.

AC2ME may licence or sub-contract all or any part of its rights and obligations without the Client’s consent.

The Client agrees that AC2ME may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which AC2ME notifies the Client of such change.

The Client shall be under no obligation to accept such changes except where AC2ME supplies further Goods to the Client and the Client accepts such Goods.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

The failure by AC2ME to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the AC2ME’s right to subsequently enforce that provision.

If for any reason you are not completely satisfied with your purchase Please contact AC2ME within that time if you are not satisfied with your purchase so that we can resolve any problems. This refund policy does not apply to change of mind.