Terms and Conditions of Sale
1. Change of Terms and Conditions
Advantage Air may change its terms and conditions without prior notice.
2. Prices, GST and Discounts
The prices shown in the current price list are subject to change without notice. Prices in this
price list are exclusive of GST. All items in this catalogue will attract GST.
3. Placing Orders
Orders are to specify an order number or reference, the date the order was placed and the
components ordered with the preferred date of delivery of the components (“the delivery
date”). While Advantage Air will make every effort to hold sufficient quantity of all the
components in stock at all times, Advantage Air may not always have a sufficient quantity of
all the components in stock at all times to satisfy the client’s order.
Where Advantage Air cannot fulfil an order it will notify the client and offer alternative
arrangements. If the client is not satisfied with the new arrangement proposed, they may
cancel the order. Advantage Air may change the specifications of the components without
4. Reservation of Right to Decline any Order
Advantage Air may decline any order received from the client within 5 days of the order being
received by Advantage Air.
Advantage Air shall deliver each order to the site specified by the client by the delivery date
between the hours of 8.00am and 5.00pm on Monday to Friday and from September to
February between 8.30am and 12.00 noon on a Saturday except public holidays. Advantage
Air is not liable for late delivery or failure to supply the components for reasons beyond its
control. A delivery fee will be charged by Advantage Air and is payable by the client.
Deliveries for Saturday can be made, but only with prior arrangement with Advantage Air,
and between the hours of 8:30am and 12 noon.
Risk in respect of the order and the component passes from Advantage Air to the client when
the order is delivered to the site chosen by the client, whether or not he/she or his/her agent
acknowledges receipt of delivery.
7. A/C Unit Delivery Storage
Units stored by and delivered to site from Advantage Air remain the property of the client.
Advantage Air whilst providing due care in the units’ handling and storage, accepts no
responsibility or liability for any damage or loss.
Terms of payment are strictly 30 days from the last day of the month of delivery of the order.
It is company policy to stop supply on 45 days and hand over unpaid accounts over 60 days for
collection unless we agree with the client in writing not to do so. Clients put on stop supply
will automatically have their account facility reviewed.
9. Passing of Title
a) Retention of title
Ownership of the components in an order passed from Advantage Air to the client free of
encumbrances and all other interests when:
• Advantage Air receives payment for the order; or
• When the components in the order are sold by the client in the normal course of
• When the components in the order are mixed with other goods in the normal course
b) Repossess components
If the client does not pay for any of the components within 45 days from the end of the
month of purchase or does anything to indicate that he will not be able to make payment
within that period. Advantage Air is irrevocably authorised by the client to enter the
client’s premises or the site where the components were delivered (or any premises under
the client’s or his agents’ control where the components are held) and use reasonable
force to take possession of the components without liability for the tort of trespass,
negligence or payment of any compensation to the client whatsoever. The client warrants
that he is lawfully authorised to take receipt of the components at the sites nominated by
10. Return of Components
Components returned for credit will only be accepted by Advantage Air if, in Advantage
Air’s opinion, they are in their original condition. The client agrees that components that are
nonstandard or special items cannot be returned.
Advantage Air will charge a handling fee of 25% of the purchase price of the components
for credit. The client must notify Advantage Air within 24 hours of delivery of the order that
he/she wants to return the components.
11. Supply to Other Persons
The client agrees that Advantage Air is entitled to supply components to any other person
Components subject to a warranty claim shall be replaced by Advantage Air as per the
warranty policy here.
All other conditions, warranties and liabilities are otherwise excluded.
If the client has not paid for the components within 45 days from the end of the month that
the order was placed Advantage Air may, at its discretion, charge interest at 1.5% per
month on outstanding monies.
If, by reason of anything beyond its control, Advantage Air cannot perform the whole or
part of its obligations under this agreement Advantage Air shall be relieved of those
obligations to the extent and for the period that it is unable to perform them and shall not be
liable to the client for the resulting loss.
If any provision in this lease or the application of that provision to any person or
circumstance is or becomes invalid or unenforceable, then the remaining provisions of this
lease are not affected and are valid and enforceable to the fullest extent permitted by law.
Any indulgence granted by Advantage Air shall not operate as a waiver of rights of
Advantage Air who may elect at its absolute discretion to pursue its rights to the fullest
extent possible by law in respect of its rights under the terms and conditions.
17. Legal Enforcement of Advantage Air’s Rights
Nothing shall compel Advantage Air to pursue any or all of the directors of a company or
the partners in a partnership in respect of any outstanding debt owed to Advantage Air and
Advantage Air may elect to enforce its rights against any inpidual director who shall then be
obliged to look to its fellow directors or fellow partners for a contribution.
18. Default by a Company
In the event of a default by a company to meet its obligations for payment in a timely manner
then Advantage Air has the right to pursue any director in his/her personal capacity or
enforce any security that Advantage Air might be holding without having to first pursue the
company or any fellow guarantors or directors.
19. Debt Collection Costs
Any costs or legal fees incurred by Advantage Air in relation to retrieving overdue amounts
shall become payable by the client.
20. Ongoing Disclosure
If for any reason the directors of the company or the debtor in his personal capacity have
any reason to suspect that the future operations of the company or the debtor’s financial
position might deteriorate to such a degree that the future operations of the company or the
entity is likely to be jeopardised through any number of reasons including but not limited to,
the existence of a contractual dispute with the principal contractor (if any), enforcement
action of a creditor of the debtor or a statutory authority such as the Australian Taxation
Office, withdrawal of support by the bankers to the company and the like, then, Advantage
Air shall be informed forthwith of such circumstances by the debtor or the directors.