Terms & Conditions of Trade
Terms & Conditions of Trade
Cellar Maintenance Australia Pty Ltd, A.B.N. 20 098 271 955
IN CONSIDERATION of Cellar Maintenance Australia Pty Ltd (hereinafter called the “Supplier” or “us” or “our”) supplying products to and at the direction of the Applicants and for the Trading Entity (hereinafter called the “Customer/s”). The Customer shall pay the price specified in the quote or invoice whether verbal or written and the following Terms and Conditions shall bind the parties.
Issue – this issue replaces all previous issues & is valid for all new estimates, quotes & contracts until replace with the next issue.
Regulation – law requires equipment containing inert or refrigeration gases to be installed, commissioned & maintained by appropriately licensed tradespersons.
General – Unless agreed otherwise in writing the following applies to all orders placed on & accepted by us whether written or verbal; no other terms, in part or whole, other than statute, form part of a contract with us & in the case where a Customer attempts to enter other terms during the normal administrative “paper chase” process such attempts are not to be read as “contra offers” leaving our terms as issued with our quote/order confirmation as the agreed terms of contract upon which our pricing was formed & as such if a Court subsequently decides another term or set of terms apply we reserve the right to then adjust our selling price in the contract to reflect any changed terms &/or conditions
Quotes and pricing– are valid for 20 working days from the date of the quote but we reserve the right to reasonably correct pricing at any time for:
any errors (clerical, mathematical, typographical, omission, etc.) or
changes in equipment (types, rating, etc.) supplied or
changes in materials (types, quantities, finishes, etc.) used or
changes in wholesales prices to us including after order confirmation by us or
reserves the right to alter prices (whether increased or decreased) and modify or discontinue goods and services the company offers at any time without notice.
the supplier will generally use the Consumer Price Index (CPI) and/or the suppliers costs as a measure for review and any significant differences in values may from time to time be adjusted.
Replacement Systems/Equipment – quotes for replacement systems, part or equipment will not include the cost of prior work done which will be charged for separately: where only a part of an installation is replaced any warranty offered shall be limited to the replacement supplied by the manufacturer’s part only.
Stock Availability – Some items may not be in stock at time of placing order. One of our sales consultants will contact the purchaser within 48 hours to confirm delivery time & stock availability. Waiting times for goods can vary from 1 day up until 60 days in some cases.
Orders – Customers are advised to send requests for orders with us in writing & note that a contract with us is formed under our terms when the supplier issue a written Order Confirmation, or the Customer accepts a date from us to attend their nominated premises at which the supply of goods &/or services by us is most likely to take place.
All quotations have to be accepted by pressing the acceptance button on our quotation or by sending an email or by calling our office.
Cancellation – by the Customer must be made in writing & is only effective when a formal written confirmation has been issued by us: cancellation will be subject to a charge, the greater of pro rata to the work done to date plus 15% or 15% of contract value whichever is the greater.
Variations – goods/services will be supplied as specified in our quote/order confirmation (except for reasonable substitutes made at our discretion), accordingly the supplier reserve the right to reasonably alter the contract price for any variation howsoever caused: any change in the scope of works, no matter how small, no matter whether they are to be charged or not, must be recorded in writing by both parties no later than the next working day.
Unforeseen Work – due to the nature of our work it is not always possible to fully predict all work associated with the scope of works quoted & in such circumstances the supplier reserve the right to make reasonable additional charges for such extra work should this occur.
Working Hours – all work quoted is for work done during normal working hours (usually 06:00-16:00 hrs during normal working days); if for whatever reason work is done outside of normal working hours the Customer may be charged extra accordingly.
Access & Continuity – must be unhindered & uninterrupted & include the supply of safe electrical mains power, mains water, inert gases and bulk beverage suitable for the customers operation.
Time is not of the essence – the supplier will endeavour to meet all reasonable deadlines but “time will not be of the essence” in our contracts.
Payment by the customer – is upon demand with payment itself being made prior the supply of services and equipment; (given Queensland’s title laws payment for equipment may be required prior to equipment delivery to site). or for approved account holders as shown on each invoice:
a deposit & progress payment/s agreement may be required before any works commences, or equipment supplied.
late payment fees will apply, any & all discounts removed if payment is not made within payment terms (14days).
all debt recovery costs including in-house administration costs will be passed on to the customer if commencement action is to be commenced. Payment may not be withheld for any reason.
Goods not picked up or removed from supplier’s warehouse stock within 30 days will attract storage fees.
Payment Method: Payment will be made by cash, direct deposit, credit card (MasterCard/Visa), unless otherwise agreed in writing. The customer will pay supplier the amount stated on the invoice within the terms stated. Credit card payments will attract a 1.5% processing fee.
Title & Risk – Any goods sold and delivered by the supplier shall remain the sole and absolute property of the supplier as the legal and equitable owner until such time as all the money due to the supplier has been paid in full, title passes upon final payment in full with cleared funds but risk passes upon arrival of goods at the Customer’s site. The supplier may register equipment through Personnel Property Securities Register (PPSR).
Construction Sites – for new buildings the supplier usually install interconnecting pipes & cables during the construction period:
if these are damaged or building configurations changed either resulting in additional work by us the cost of the extra work will be charged to the Customer.
Customers or their nominated agent (eg. Builder) are required to give us reasonable written notice for timely access for us to undertake works at the appropriate stage of construction.
The supplier cannot accept responsibility or liability for delays or re-work where reasonable written notice was not given.
The Customer alleging damage in any form by us must notify us in writing immediately & give us reasonable management access & time to view the allegation – no liability under any circumstances by us will be accepted without our prior formal inspection & subsequent written acceptance of our liability therein.
Completion – upon completion of installation or repair work it is normal to carry out a full function test: to do this electrical power, mains water, inert gases and beverages are needed to be made available & it is the Customer’s responsibility to ensure power, mains water, inert gases and beverages are available at this time; if electrical power, mains water, inert gases and beverages are not available at this time & an additional site visit, to do these tests is required, the cost of the additional visit will be charged to the Customer.
Warranty – commences at the date of our final invoice:-
for a period of 12 months (against faulty workmanship & for a period as per each equipment (or part) manufacturer’s terms of warranty equipment must be installed & regularly maintained and serviced by a licensed supplier to validate the warranty.
sometimes manufacturer’s warranty does not cover all costs for warranty repair & when this occurs the supplier will charge the difference.
processing warranty claims with manufacturers for equipment supplied & installed by us is free of charge otherwise a nominal fee applies, “no fault found” attendances, “no one there”, late appointment cancellation, installation not by us & maintenance issues fall outside of warranty & will be charged to the Customer in accordance with our prevailing tariffs.
all warranty work is to be done during normal business hours, 0600 to 1600hrs.
the supplier reserve the right to unequivocally determine qualification for warranty & any work done by us is deemed fully chargeable until formally confirmed otherwise in writing by us.
Unauthorised Work – any work undertaken by others on, or any signs of tampering with, the installation &/or equipment will invalidate warranty.
Losses – our liability is limited to the repair of product &/or service supplied by us & excludes consequential losses howsoever caused.
Comments/statements made by our employees & subcontractors – do not necessarily reflect matters of fact or be representative of the total position & therefore must not be relied upon: only written documentation signed by a Director of this Company must be taken as authoritative.
Complaints – any complaint against us must be made in writing, addressed to our Managing Director, within 5 working days of the cause of complaint arising (by law a dispute on an invoice must be made in writing within 14 days of the date of the invoice).
Workplace Health & Safety – the supplier is responsible for ensuring our Employees & Sub-contractors work safely & within Regulations however there are obligations on the Customer including, but not limited to, advising us in advance of any potential risks;
unless specified in the quote, our quotes exclude, if directed by safety Regulations, cost of equipment for access/heavy lifting gear, additional trades & temporary cooling for areas such as roof spaces.
Social Media – by the acceptance of our services the customer agree that the supplier is able to use photos of your venue on our social media platforms. If you do not wish for us to use photos taken of the venue, please let us know in writing.
Privacy –Cellar Maintenance Australia Pty Ltd respects the customer’s privacy. It is in our best interests to protect our customers and not disclose personal information or any information you share in your communications with us. We comply with the privacy principles and endeavour to keep your information confidential and safe.
The supplier will not share or use your email or other information in distribution lists.
The supplier ask that our customers and/or our suppliers do not share Cellar Maintenance Australia’s or its employees information with others outside our direct communications channels.
By placing an official order with Cellar Maintenance Australia implies that you as the customer agree to all our terms & conditions of sales as listed above.
Please contact us direct if you have any further enquires before ordering any goods.
