Terms & Conditions
CONDITIONS OF SALE – CHILLERS
(a). Any offer to purchase shall not be binding on Summit Industrial Chillers Pty Ltd unless Summit Industrial Chillers Pty Ltd by its duly appointed authorised representative accepts such offer in writing. The buyer expressly waives any liability of Summit Industrial Chillers Pty Ltd to communicate its acceptance of any such offer to the buyer.
(b). Any quote given by Summit Industrial Chillers Pty Ltd may be withdrawn or altered at any time prior to the buyer’s written order having been received by and confirmed Summit Industrial Chillers Pty Ltd.
The price(s) quoted is applicable for the supply of equipment at the date of quotation and is open for acceptance by the buyer for a period of 30 days thereafter, unless stated to the contrary. Beyond this period the price(s) may be subject to adjustment.. All prices quoted are Ex Works at 2 Ashford Avenue, Milperra unless otherwise arranged or stated in the quotation.
3. SALES TAX, CUSTOMS DUTY, EXCHANGE RATE
(a). The price(s) stated herein exclude GST unless otherwise stated.
(b). Goods having an overseas content may be subject to customs duty, which is included in the quotation at ruling rates currently applicable. Any changes to the rates in force at the time of quotation or other adjustments in the methods of assessment will be in addition to the prices shown herein.
(c). The exchange rate covering the overseas material content ruling at the time of quotation and included in this proposal will remain firm up to a maximum of 1 ½ % above the that exchange rate. Any costs exceeding this 1 ½ % limit will be added to the final invoice value.
Payment shall be made in full by the buyer prior to shipment of goods.. Normal payment terms are a 30% deposit made with the Purchase Order and the remaining 70% payable prior to dispatch but in any case within 7 days of completion of manufacture. Payments shall not be subject to retention or offset costs unless otherwise agreed..
Should payments not be received in accordance with above then normal storage charges shall apply.
The contract shall in all respects be subject to the laws of New South Wales.
6. PRACTICAL ACCEPTANCE
The buyer will witness the functional run testing of the chiller at the Factory Acceptance Testing stage of manufacture.
Practical acceptance of chiller by the buyer shall be at Summit Industrial Chillers Pty Ltd factory unless otherwise agreed. If buyer fails to attend then practical acceptance by buyer shall be on completion of Summit Industrial Chillers Pty Ltd normal Factory Acceptance Testing.
7. DELIVERY PERIOD
Where a delivery time is quoted all effort will be made in good faith to meet the schedule advised by the buyer but Summit Industrial Chillers Pty Ltd shall not be liable or responsible for any delay or cost and shall not under any circumstances be liable for any direct or consequential loss and/or damage arising from delays in delivery howsoever caused. Ownership and title to the goods will not pass to the buyer until all payments have been received..
Equipment performance data supplied will be subject to the recognized tolerances and rejection limits and shall apply to full load conditions only. Part load data if supplied is for information only.
9. WARRANTY Refer Form WFI Risk & Title
(a). Any warranty is offered subject to the equipment having been installed and operated in accordance with recommended procedures and Component Manufacturer Specification.
(b). This warranty applies only within the Commonwealth of Australia and to the buyer to whom the equipment was originally sold unless otherwise agreed.
(c). The warranty shall be for 12 from the date of shipment and is limited to the supply of replacement parts only, and is conditional upon the return, freight prepaid, of the defective part to Summit Industrial Chillers Pty Ltd to enable a claim to be established.
(d). The cost of labour involved in removing the defective part and installing the exchange part must be prepaid by the buyer except where otherwise agreed.
(e). Unless otherwise agreed in writing the following are specifically excluded:
(i) replacement refrigerant gas
(ii) emergency call-outs
(f). This warranty shall not apply if the equipment:
(i) Has been subject to misuse or abuse, negligence or accident.
(ii) Has been connected to improper, inadequate or faulty power supply, water, gas or drainage services
(iii) Has been correctly maintained with correct lubricant and refrigerant.
(iv) Has been used for any duty load or subjected to any operating condition varying from that for which it was specifically designed and supplied by Summit Industrial Chillers Pty Ltd
(v) Has been damaged by foreign objects.
(vi) Has not been installed and operated to Summit Industrial Chillers Pty Ltd recommendations.
(vii) Has not been paid for in full.
(viii) Has not been maintained in accordance with Summit Industrial Chillers Pty Ltd regular preventative maintenance procedures
10. CONSEQUENTIAL DAMAGE
Summit Industrial Chillers Pty Ltd accepts no liability for any loss or damage, direct or indirect of or to any person or property arising from the supply, installation and operation of the equipment, including consequential loss or damage arising from breakdown or failure to perform.
11. NOISE AND VIBRATION
Where information has been provided by Summit Industrial Chillers Pty Ltd concerning noise and vibration it is given in an advisory capacity only and is not considered part of the Summit warranty. Notwithstanding anything to the contrary contained herein Summit Industrial Chillers Pty Ltd will not accept any responsibility for any noise and/or vibration.
12. PRODUCT CHANGES
Summit Industrial Chillers Pty Ltd reserves the right to make minor modifications and alterations to its products at any time. Any major modification which may affect the buyer will be submitted to the buyer for acceptance before commencement of production.
13. CANCELLATION OF ORDERS
If the buyer cancels an order, it shall be subject to a cancellation fee of costs to that date plus 15%.
14. GUARANTEE FOR PAYMENT
Payment shall be made prior to delivery of goods unless alternate payment arrangements have been made, in which case payment must be as agreed and confirmed in writing.
If the buyer fails to pay any sum due under this agreement by the due date, the buyer must pay interest of 1% per month on that sum from the due date of payment and will be liable for any legal or other costs
Should the buyer fail to make any outstanding payment, then Summit Industrial Chillers Pty Ltd is entitled to enter any premises of the buyer to recover the plant.
Summit Industrial Chillers Pty Ltd will not be liable for any damages caused and the buyer must indemnify Summit in respect of any costs incurred in such recovery howsoever arising.