PUMPLINE Pty Ltd T/A Airblast Australia ABN 72 100 622 295
Terms and Conditions
- Provisions of Work & Supply of Goods
1.1 Pumpline agrees to provide the Goods. The Work will be performed in a proper and workman like manner and the Goods will be of merchantable quality and be fit for the purpose.
1.2 If, during the performance of its duties under this Agreement, Pumpline discovers problems which were not found at the first instance, and which problems require additional work:
(a) Pumpline shall notify the Customer of the additional Goods that are needed; and
(b) the Customer may elect to have the additional Goods supplied or to cancel this Agreement.
PROVIDED THAT the Customer shall pay for Goods already supplied and Work already undertaken as at the date and time of notification.
2.1 The Customer agrees to pay the price specified in the Quotation on or before collection of the Goods from Pumpline unless Pumpline has provided the Customer with a credit facility.
2.2 If no price is specified in respect of the supply of Goods, the Customer shall pay Pumpline in accordance with Pumpline’s prevailing costs, rates and charges applicable at the date of this Agreement.
2.3 Work performed includes time spent consulting with the Customer, telephone calls, meeting and preparation time, time for travel and any other time attributable to supply of the Goods.
2.4 At the date of this Agreement is executed by Pumpline:
(a) if Pumpline has the Goods in stock, the quoted price of such Goods shall not be subject to change; and
(b) if Goods are not in stock, then the quoted price of such Goods is subject to increase in proportion to any increase in the price payable by Pumpline to its Goods supplier.
3.1 Pumpline shall provide a valid tax invoice in respect of the Goods supplied and Work undertaken.
3.2 If payment is made by cheque, the cheque shall be collateral only and shall not discharge the Customer’s obligation to pay under this Agreement until the cheque has been cleared by the drawer’s bank. If the Customer’s cheque is dishonored or if money owing pursuant to this Agreement remains unpaid after the due date, Pumpline may refuse to provide further Work or Goods until full payment is made or after payment has been made.
3.3 The Customer shall pay:
(a) interest on the overdue amounts at the National Australia Bank’s Standard Credit Card Rate, as published by it from time to time; and
(b) an administrative fee of $10.00 for each reminder letter sent by Pumpline seeking payment of an overdue account.
- Retention of ownership by supplier
4.1 Ownership of the Goods does not vest in the Customer until the Customer has performed all its obligations under this Agreement.
4.2 In the event that the Customer obtains possession of the Goods before ownership passes to the Customer, the Customer shall hold those Goods as bailee for Pumpline and shall surrender the Goods to Pumpline on demand. If the Customer fails to surrender the Goods on demand, the Customer hereby authorises Pumpline to enter the premises where the Goods may be found, and retake possession, if necessary by removing Goods from the premises. Pumpline shall not be responsible to the Customer for any damage reasonably incurred by Pumpline removing Goods from the premises.
- Lien over goods
5.1 The Customer acknowledges that Pumpline may exercise a lien over the Goods at Pumpline’s discretion until all monies due and payable by the Customer to Pumpline are paid.
5.2 The lien shall not be extinguished if the Customer temporarily retakes possession of the Goods and the lien also extends to cover all monies owing by the Customer to Pumpline, not just the money owing in respect of the Goods supplied by Pumpline since Pumpline last obtained possession of the Goods.
- Collection & Storage Fees
6.1 The EDC specified is to serve as a guideline only and unless considerable delay is occasioned as a result of gross negligence on the part of Pumpline, failure to make ready for collection by the EDC shall not make Pumpline liable for any loss or damage, including any consequential loss or damage, suffered by the Customer as a result of such delay.
6.2 The Customer shall collect the Goods within seven (7) days of notification that the Goods are ready for collection.
- Disposal of uncollected goods
7.1 If the Customer fails to collect the Goods within thirty (30) days of receiving notice that the Goods are ready for collection, Pumpline may sell the Goods and apply the proceeds of the sale in satisfaction of any outstanding money owed to Pumpline by the Customer without the need to advise the Customer. All monies still outstanding after the sale are still payable by the Customer.
7.2 Pumpline shall make reasonable efforts to sell the Goods for its market value. Any monies in excess of the outstanding debt shall be held in trust for the Customer.
- Limitation of Liability
8.1 Save and except to any rights and warranties not permitted to be excluded by law, the liability of Pumpline at Pumpline’s option shall be limited to either:
(a) The manufacturer’s warranty for the Goods;
(b) Re-provision of the Work and/or supply of replacement or equivalent Goods;
(c) Repair of the Goods;
(d) Provision of the Work and/or supply of replacement or equivalent Goods; or
(e) Payment of the cost to have the Goods repaired.
8.2. Subject to the law, Pumpline shall not be liable for any consequential damage that may result from a breach of this contract by Pumpline.
- Enforcement expenses
9.1 The Customer shall reimburse Pumpline for all reasonable cost incurred by Pumpline in connection with the recovery of overdue accounts and/or the sale of Goods in the event of failure to collect Goods, including legal fees on a solicitor and client basis.
9.2 In addition to Pumpline’s rights in clause 9.1, Pumpline may sue for any loss of profits and consequential damage it suffers as a result of the Customer’s breach of this Agreement.
- Director provisions
10.1 In consideration of Pumpline and the request of the Customer and the Director entering into this Agreement, the Director guarantees to Pumpline the performance by the Customer of the terms of this Agreement.
10.2 The Director’s obligations shall not be subject to any prior notice to the Director by Pumpline regarding any default of the Customer under the Agreement.
- Miscellaneous provisions
11.1 Any notice required to be served on a party may be served personally or be left at or sent by letter addressed to that party at the party’s address specified in the Quotation.
11.2 If any part of this Agreement is or becomes void and unenforceable then that part shall be severed from this Agreement and the remainder shall not be affected.
11.3 This agreement shall be governed by the laws of Western Australia and the parties submit to the exclusive jurisdiction of the Courts of Western Australia.
11.4 If the Customer comprises more than one person, each person shall be jointly and severally liable to perform the Customer’s obligations under this Agreement.
11.5 In the Agreement: Director means one or more directors of the Customer if the Customer is a Company; and Goods means products supplied and installed by Pumpline specified, but not limited to, the Quotation.