Terms and Conditions of Sale
- Definitions:
1.1 AAS shall mean Active Air Spares Pty Ltd (ABN 88 648 683 461) throughout these terms and conditions.
1.2 Buyer shall mean the party by whom an Order is placed with AAS for supply of Goods and or services.
1.3 Goods shall mean any spare parts, equipment, or goods of any nature supplied by AAS.
1.4 GST shall mean Goods and Services Tax as levied by the Australian Taxation Office and will be applied at the prevailing rate at the time of sale.
1.5 Order shall mean any Purchase Order placed by the buyer for any goods and or services to be supplied by AAS either electronically written or verbally.
1.6 ATO shall mean Australian Taxation Office
1.7 GRAF shall mean Goods Return Authorisation Form
1.8 ACL shall mean Australian Consumer Law
- Warranty and/or Guarantee Statement:
2.1 Warranty from AAS is detailed in the respective section/s below. AAS warranty is in conjunction with the standard guarantee as required under ACL. AAS warranty does not replace or limit the standard guarantee.
2.2 AAS supplies goods in line with the guarantees that cannot be excluded under the Australian Consumer Law.
2.3 You are entitled to a replacement or refund for a major failure and 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.
- Orders and Quotations:
3.1 Quotations are valid for a period of 30 days from date of quotation.
3.2 Quotations may be withdrawn or amended at any time by AAS before acceptance by the buyer.
3.3 Any quotation including provision to supply goods ex-stock is subject to fulfilment of prior sales.
3.4 The placement of a purchase order whether based on an AAS quotation or not is deemed to incorporate AAS Terms and Conditions notwithstanding any inconsistencies which may appear in the buyer’s order or documentation.
3.5 The placement of a purchase order via our website (by way of confirmation at Check-Out) or whether received verbally, electronically or by other means constitutes a request for an agreement to supply such goods between AAS and the buyer. AAS is at its own sole discretion to accept, defer or reject this request based on any consideration either within or outside the control of AAS. Once accepted, the order will be processed subject to AAS' normal internal processing and the buyer is obligated to take possession of these goods and accept the resulting invoice for charges involved with supply and delivery.
- Prices:
4.1 All prices are quoted by AAS in Australian Dollars ($AUD).
4.2 All prices are quoted on an F.O.T. SUMNER PARK basis and do not include delivery to the buyer’s warehouse or work site, and exclude GST, which will be charged at the ATO ruling rate at the time of invoice.
4.3 Any price listings supplied by AAS are subject to change without notice.
- Deposits:
5.1 Where AAS is required to purchase goods of a non-stock or capital nature to fill a Buyers Purchase Order the buyer will pay a security deposit equal to 35% of the sale price of the subject goods. The security deposit value will be deducted from the total price of the goods. Such goods will be non-cancellable and non-returnable, excluding any defective goods.
- Payment:
6.1 Unless otherwise stated, all invoices are payable prior to delivery or collection of the goods, or an approved open 30day trading account is in place.
6.2 If the buyer has an approved open 30day trading account, invoices are payable within a period of 30 days from the end of the month in which the goods are purchased.
6.3 If payment is not received before the due date, interest on the unpaid balance will accrue at the rate of 10% per annum on the outstanding balance until paid in full, without prejudice to AAS ‘s other rights in respect of late or non-payment. Further deliveries will be suspended until such times as all amounts due, including any interest payable thereon, are received as cleared funds at AAS bank.
6.4 The buyer shall pay all costs and expenses, including legal costs on an indemnity basis, incurred by AAS and or its agents in respect of the buyer whether relating to any debt, possession of goods and/or otherwise.
6.5 Early Settlement Discounts, if offered, will only be granted if full payment (after the Early Settlement Discount has been deducted) is received by AAS within a period of 7 days from invoice date, otherwise the total invoice value (including GST), less any payments received, will remain outstanding and due for payment within a period of 30 days from the end of the month in which the goods were purchased. No early settlement discounts will be granted if any 30day invoices are overdue unless such overdue invoices have been expressly disputed in writing to AAS.
6.6 Until AAS receives payment in full, the goods shall remain the property of AAS. Notwithstanding risk in the goods passes to the buyer at delivery. The buyer shall store the goods in a manner which clearly identifies the goods as being owned by AAS and shall hold the goods in a trustee capacity as Bailee. The buyer shall have the right to deal with the goods as an undisclosed agent of AAS. The proceeds of any sale of the goods by the buyer, in the ordinary course of business, shall be held by the buyer on trust for AAS, until payment is received in full by AAS.
6.7 AAS reserves the right to terminate any 30day trading account at any time without any disclosed reason, at which time all outstanding amounts will become payable and due immediately.
- Goods Returned for Credit:
7.1 Goods returned for credit (with exception to faulty goods) will only be accepted on the following basis:
7.1.1 The goods are returned with a pre-approved AAS Goods Return Authorisation Form (GRAF), and the goods have not been used, are complete, and received at AAS warehouse in an undamaged and resalable condition.
7.1.2 Any Non-Stock items that may be bought in specifically for a buyer’s order (verbal or written) are expressly not returnable, unless accompanied by an AAS approved GRAF.
7.1.3 Return after 14 days from invoiced date, if accepted, will incur a 10% restocking fee.
7.1.4 A repackaging fee will be deducted from any credit note granted if, in the opinion of AAS, the goods require repackaging when received at the AAS warehouse.
7.1.5 Freight and Insurance to AAS nominated warehouse is prepaid by the buyer. Any freight incurred by AAS to receive returns, which are not approved and or accepted by AAS on their GRAF, will be deducted from any buyer credit note issued, or at the discretion of AAS the freight charge may not be accepted by AAS and AAS will recommend the transport company reverse the charge back to the sender.
7.1.6 In the case of suspected faulty goods, contact should be made with AAS prior to any returns, so we can arrange a GRAF to be initiated. This will speed the process up along with improved expediting of any replacement items if needed and/or any credits. Faulty goods will be treated in line with Australian consumer law and in respect to our warranty statement below as each case may be.
- Warranty:
8.1 AAS warrants that the products will be free from material defects caused by inadequacy, neglect in workmanship, or materials during the warranty period (this AAS warranty is not designed to conflict with or replace the ACL standard guarantee as described in the definitions section prior). Where any valid claim in respect of the product supplied, which can be shown to AAS’s reasonable satisfaction to be based on a breach of the Warranty, is notified in writing to AAS within the warranty period, AAS (at the sole discretion of AAS or its representative) repair or replace, or (at the sole discretion of AAS or its representative) credit a sum to be agreed with the buyer in lieu of its repair or replacement of any product or part thereof.
8.2 AAS shall be under no liability for any breach of the Warranty:
8.2.1 Unless the products have been professionally installed, used, and maintained in service.
8.2.2 Unless the buyer has informed AAS of the alleged defect within the warranty period, and within 7 days of its discovery.
8.2.3 In respect of wearing and or consumable products.
8.2.4 To products or parts thereof not manufactured by AAS (Third Party Products).
8.3 In respect to Third Party Products, AAS undertakes to pass on to the Buyer any manufacturers or suppliers warranty given to AAS by such Manufacturers or Suppliers to AAS.
8.4 There are no third-party beneficiaries of the warranty granted by AAS herein.
8.5 Upon receiving any notification of claim, we may at our discretion, request an official AAS warranty form be completed and returned (this blank form will be supplied by AAS and may require certain details as necessitated by our manufacturing partners to help validate such a claim).
8.6 It is AAS normal practice that warranty claims are returned freight prepaid by the customer in the initial instance for assessment.
- Limitation of Liability:
9.1 To the fullest extent permitted by law, and without prejudice, AAS shall in no circumstances be liable (whether in contract, tort, or for negligence or breach of statutory duty, or otherwise arising out of, or in connection with the contract) to the buyer to the extent that such liability:
9.1.1 Is calculated by reference to profits, income, production or accruals, loss of business, loss of profit, loss of goodwill, loss of anticipated savings, loss of revenue;
9.1.2 Arises from any inaccuracies or omissions in instructions, drawings, calculations, specifications or materials supplied by the buyer to AAS;
9.1.3 Is of a special, incidental, indirect or consequential or exemplary nature;
9.1.4 Is recovered by the buyer under the terms of any insurance policy (apart from any excess applicable to relevant insurance); or
9.1.5 Has been made good or is otherwise compensated without cost to the buyer.
9.2 AAS makes no representation regarding compliance with any Federal, State, Provincial, or Local law, rules, or regulations. The buyer acknowledges that it is the buyer’s responsibility to comply with all applicable laws, rules, and regulations relation to the installation and operation of the products and indemnifies AAS from any claims losses actions (including without limitation loss of profits) damages, costs and expenses arising thereof.
9.3 Nothing in these terms and conditions shall exclude or limit the effect of warranties or conditions which may be implied by the Trade Practices Act 1973, or any other law which cannot be excluded, restricted, or modified. Subject to those laws, to the extent to which AAS is entitled to do so, its liability under such implied conditions or warranties will be limited to any one or more of the following in the case of goods:
9.3.1 The replacement of the relevant goods, or the supply of equivalent goods; or
9.3.2 The payment of the cost of replacing goods or acquiring equivalent goods; or
9.3.3 The repair of the goods or the payment of the cost of having the goods repaired; or
9.4 Notwithstanding anything to the contrary in these terms, neither party shall be liable to the other for breach of its obligation under this contract by reason of circumstances or events beyond the reasonable control of either party.
9.5 The buyer shall indemnify AAS against all actions, claims, suits, demands, costs, losses and expenses suffered, or incurred by AAS and/or for which it may be liable to any third party due to or arising from or in connection with, directly or indirectly;
9.5.1 AAS’s instructions or lack of instructions
9.5.2 Any failure or delay whatsoever in taking delivery, or any other act, neglect, or default on the part of the buyer, its servants, agents, or employee’s; or
9.5.3 The breach of any provision of this contract by the buyer.
- Disputes:
10.1 From time to time, disagreements may arise. While AAS actively works to minimise and resolve any issue or complaint in real time and at the initial point of contact (usually by phone), we understand there may be times that this may end in a dispute.
10.2 All disputes should be addressed in writing (either by email or post) using the contact details as described on our website and/or official documents, detailing as much information as possible and including your own contact details to allow us to reply.
10.3 Should any dispute be outside the limits of authority of the first point of contact or not be resolved in what would be considered a "Reasonable Time Frame", our management representatives will endeavour to resolve the issue between parties without the need of outside agencies.
- Contacting us:
11.1 Contacting AAS can be done by: regular post, email, website enquiry, phone call or site visit.
11.2 AAS contact details are detailed on the home page of our website and on our official Stationery.
11.3 Site visits are best made via scheduled appointment at the administration office (except in the case of counter sales and/or collections)
11.4 Freight (both receiving and dispatch) are via the main warehouse, as signed.