Where no price is stated in writing or agreed to orally the products and services shall be deemed to be sold at the current amount as such products and services are sold by AirSmart Services Limited at the time of the contract.
The price may be increased by the amount of any reasonable increase in the cost of supply of the product and services that is beyond the control of AirSmart Services Limited between the date of the contract and delivery of the products and services.
No quotation given by AirSmart Services Limited for products and services shall be valid unless it is recorded in writing and is signed for and on behalf of AirSmart Services Limited.
- Where a quotation is given by AirSmart Services Limited for products and services:
- Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue and
- The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary
- AirSmart Services Limited reserve the right to alter the quotation at any time because of circumstances beyond its control.
- Where Products and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Products and Services.
The products and Services remain at AirSmart Services Limited risk until delivery to the Customer.
Delivery of Products and Services shall be deemed complete when AirSmart Services Limited gives possession of the products and Services directly to the Customer or possession of the products and services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
The Customer Guarantees Act 1993, the Fair-Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon AirSmart Services Limited which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed in AirSmart Services Limited Ltd, AirSmart Services Limited liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
Expect as otherwise provided by clause 11.1 AirSmart Services Limited shall not be liable for:
Any loss or damage of any kind whatsoever, arising from the supply or Products and Services by AirSmart Services Limited to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and Services provided by AirSmart Services Limited to the Customer, and
The Customer shall indemnify AirSmart Services Limited against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing or this clause whether caused or arising as a result of the negligence of AirSmart Services Limited or otherwise, brought by any person in connection with any matter, act, omission or error by AirSmart Services Limited its agents or employees in connection with the Products and Services.
SECURITY INTREST FOR SERVICE PROVDERS
The Customer gives AirSmart Services Limited a security interest in all of the Customers present and after acquired property that AirSmart Services Limited has preformed services on or to or in which or materials supplied or financed by AirSmart Services Limited have been attached or incorporated.
On the request of AirSmart Services Limited the Customer shall promptly execute any documents and do anything else required by AirSmart Services Limited to ensure that the security interest created under this Agreement constitutes a first ranking perfected security interest over the property and their proceeds including providing any information AirSmart Services Limited reasonably requires to complete financing statement of financing change statement. The Customer waives any right to receive a copy of a verification statement under the Act.
The Customer will pay to AirSmart Services Limited all costs, expenses and other charges incurred, expended or payable by Insert Company Name in relation to the filing of a financing statement or a charge statement in connection with these terms and conditions.
Manufacturer’s warranty applies where applicable.
Any warranty that AirSmart Services Limited provide to the Customer will also form part of these terms and conditions of trade.
No representation, undertaking or warranty made by AirSmart Services Limited or any agent or representative to the Customer shall be of any effect or apply to any contract between AirSmart Services Limited and the Customer unless recorded in writing and signed by both parties.
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