logo   slogan
 
   
  BANNER  
     
 

TERMS & CONDITIONS:

The following terms and conditions apply where RTR Developments (Mountain High Heating) supplies goods and/or services to a person, firm or company (the Client).

1) Contract Information
a) A binding contract of sale will form between the parties on signing of the Job Order Form by the client or on RTR Developments’ written acceptance of the Client’s purchase order. There is no client exit clause from the contract of sale.
2) Ownership
a) Ownership/title of goods remains with RTR Developments until payment for the goods is made in full. The goods may be reclaimed at any time by RTR Developments should any amounts remain outstanding beyond the period of payment, this period being exclusively determined by RTR Developments..
3) Delay & Delivery
a) RTR Developments is not liable to the Client for any delay or failure to supply goods or services on or by any day, date or time. Days, dates or times given by RTR Developments shall be indicative only and shall not be part of the conditions of sale. RTR Developments shall not be liable to the Client for any loss of revenue or profits or any consequential loss or damages for failure to deliver on any indicative day, date or time given.
b) It is contemplated that any goods and/or services supplied by RTR Developments will be supplied during regular working hours on regular working days. If for any reason the Client requests RTR Developments to supply goods and/or services outside these times, any such additional expenses shall be paid by the Client at rates to be stipulated by RTR Developments.
c) Extra costs incurred by RTR Developments due to delays or cessation of work occasioned by the Client’s instructions or lack of instructions, by interruptions, mistakes or work by other parties for which RTR Developments is not responsible shall be reimbursed by the Client to RTR Developments on invoice. Any such charges to be solely determined by RTR Developments.
d) Claims for loss in transit shall be made by RTR Developments to the carrier involved & supply or re-supply of goods to the client may be delayed until resolution of such claims by the carrier.
4) Price
a) All orders for goods and/or services shall be filled at the prices set out in the written quotation or the current price list and the Client must pay the prices as quoted.
b) All orders for goods without a written quotation or contract shall be filled at prices prevailing on the possession date and the Client must pay the prices specified on the Goods Invoice.
c) Unless otherwise stated, all prices quoted by RTR Developments are exclusive of GST and other taxes, which are payable by the Client.
5) Terms of Payment
a) Payment for goods and/or equipment and/or services is required within 48 hours of the work being completed and must be in accordance with the terms advised in the quotation or contract, unless prior arrangement in writing has been made with RTR Developments.
b) If the Client does not make payment within 48 hours, the Client may pay interest on the outstanding at a rate to be solely determined by RTR Developments.
c) In the event of overdue accounts RTR Developments will be eligible to recover all additional costs incurred in recovery if debts are recovered by a Collections Agency.
d) Payment of all amounts owing is without set-off or deduction of any kind.
6) Warranty
a) RTR Developments applies the warranty of the manufacturers of the goods sold to the Client, provided the Client’s claim is within the provisions of the manufacturers warranty in relation to the goods sold to the Client. RTR Developments may, at its discretion, repair or replace the goods or portions thereof if DOA, provided:
i) The goods have not been used or installed incorrectly or mistreated by the Client or the client's agents; and
ii) The Client has supplied all information relating to the goods, its transport, storage, placement, installation & operation, when requested to do so by RTR Developments.
b) Immediately upon installation, all responsibility for warranty mattters passes to the manufacturers and their representatives. The client must then deal direct with the manufacturers or their representatives for any warranty claims.
c) If the client or another party has performed the installation, RTR Developments has no responsibility for warranty claims as of the moment of despatch of the goods from RTR Developments, their suppliers or agents.
d) No warranty of any kind is offered by RTR Developments on the work performed by other parties in the course of installation performed by RTR developments.
7) Limitation of liability
a) To the full extent permitted by law, RTR Developments will in no circumstances be liable to the Client for any loss, damage or expense, sustained or incurred, by the Client or any other party, whether direct or indirect, special or consequential, arising directly or indirectly out of any action including negligence by RTR Developments. This includes the supply, performance or use of any goods or services. RTR Developments’s liability to the Client, if any, in contract, tort or otherwise, will be reduced by any extent to which the Client contributed to the loss.
8) Credit Information
a) The Client consents to RTR Developments, any financier or credit rating agency making enquiries of and obtaining any information about the financial standing and credit worthiness of the Client.
9) Work to be Done by Others
a) Some work necessary for the installation of a central heating system must be completed by other parties. Such work shall be the responsibility of the other parties and shall not be the responsibility of RTR Developments. The other parties may bill the customer direct for any and all such work. No liability for the work performed by other parties shall devolve onto RTR Developments.
10) Loss or Damage to Goods
a) RTR Developments is not liable for any loss or damage to goods or equipment on the Client’s site, it immediately becomes the client's responsibility once all goods are delivered to the Client's site. Any costs arising from loss or damage to goods or equipment on the Client’s site must be paid by the Client.
11) Claims
a) Goods supplied shall be examined by the Client promptly on delivery. To the full extent permitted by law RTR Developments will recognise no claim unless the claim is made within (5) days after delivery of the goods to which the claim relates.
12) Alterations to System Design/Implementation
The location of any heating outlet (vent), ductwork, fluing, furnace, Return Air or any other component of the central heating system is entirely subject to local conditions pertaining to the site upon the commencement of installation and may be altered without notification to the client due to obstructions, lack of access, impeding fixtures or fittings or any other effect which RTR Developments deems to warrant relocation from any previously indicated position.
13) Entire Agreement
a) No waiver, change or modification of any of these terms and conditions or any additional terms and conditions shall be binding on RTR Developments unless in writing and signed by an authorised officer of RTR Developments.
14) Variations
a) Any variation in the quantity or type of goods and/or services required by the Client, or the quantity and type of goods and/or services supplied by RTR Developments will be in accordance with these terms and conditions. RTR Developments reserves the right to revise at any time the quantity or type of goods and/or services supplied to the Client if it believes that other goods and/or services supplied by RTR Developments can fulfil the same function.
15) Governing Law
a) These terms and conditions shall be read consistently with any governing law.

 

 
     
© Copyright 2009 Mountain High Heating | mhigh.com.au   Website designed & hosted by CDP