CONDITIONS OF SALE
The equipment will carry the respective manufacturer’s warranty. Service under this warranty is within the metropolitan area unless specifically stated. Warranty will commence from the date of practical completion and does not include filter cleaning, fuel replacement or maintenance.
The quotation is based on labour award rates; cost of materials, component parts and equipment, cost of transport and sales tax ruling at the date it is made, any variation shall be to purchaser’s account.
Extra costs incurred due to changes to drawings or work caused by the purchaser’s or purchaser’s representative’s instructions or lack of instructions for extra work caused by interruptions, delays, overtime, unusual hours, mistakes by others, complying with any rulings by statutory authorities, shall be to the purchaser’s account.
All system designs are assuming Sydney ambient conditions of 32ºC and 7ºC to achieve 24ºC Summer and 20ºC Winter indoor conditions unless otherwise specified. If you wish to achieve temperatures outside these specifications please contact our office prior to proceeding with our offer. We also assume all ceilings are insulated to an R3 rating using bats or similar and windows are UV tint protected with normal drapes or curtains.
Rise and fall applicable at a rate determined by CPI.
Terms of Payment: Payment with invoice unless otherwise agreed to in wiring. Should payments not be made by the due date, we reserve the right to stop on site until payments are brought up to date.
Payment is due for:
Major Equipment: when it is ready in the manufacturer’s warehouse or held in Osmond Air’s store or delivered to site, which is the former.
For Residential Work progress payments are to be made in line with Osmond Air’s letter of offer.
Drawings and Design: payable when drawings are submitted for approval.
Retention: Is a specific exclusion in any contract entered with Osmond Air. The equipment installed by Osmond Air is covered by the manufacturer’s warranty, normally five (5) years and therefore the consumer’s interest is protected, making the concept of retention irrelevant.
Delivery times quoted for equipment or work schedules are made in good faith, but the contract shall be extended to cover delays caused by strikes, lockouts or any circumstances beyond our reasonable control.
Practical Completion: the work contracted for shall be deemed to have been practically complete when it is ready for operation or has been put into operation. Taking over of plant shall not be delayed because of minor works which do not materially affect the commercial use of the plant provided always that Osmond Air shall undertake to make good any minor defects as soon as possible.
“Payment when we are Paid:” this is not acceptable – Builder’s, Developer’s etc. should have funds available to do their work. This also does not apply with the “Security of Payments Guarantee Act 1999 NSW,” which applies to all invoices submitted.
Title: title to any goods or materials shall remain with Osmond Air’s until payment is made in full. In the event of payment not being made on the due date Osmond Air are permitted to cease work and no other contractor shall be permitted to work on the plant without written authority from Osmond Air. Penalties and liquidated damages immediately cease if payment is not made on the due date.
Osmond Air shall not be liable for any loss or damage direct or indirect to any property or person arising from the work in this contract. During the warranty period, interference by other parties to the equipment without written permission from Osmond Air would automatically void warranty.
Details of our proposal, engineering drawings and other details provided by are copyright.
In the event of a dispute either party can ask the Department of Fair Trading to appoint an arbitrator whose decision once appointed shall be final.
The sub contractor undertakes variation work only on the basis that the variation work is paid for by the head contractor, as it is performed and that such payment is not dependent on prior payment by the Principal to the Head Contractor for that work.
It is the responsibility of the main contractor to co-ordinate the work under the sub contract into the main contract works and the main contractor and sub contractor agree to co-ordinate the execution of the work under the sub contract with the execution of the main contract works.
OSMOND AIR SERVICES PTY LTD - ABN: 73 126 401 312 12 Bridge Road, Glebe NSW 2037 Phone: (02) 9660 6638
Contractors Licence: 209858C