8.Seller’s lien

(a) Subject to the provisions of this Agreement, if the Company is unpaid and is in possession of the Product the Company is entitled to retain possession of the Product until payment or tender of the price in the following cases:

(i) Where the Product has been sold without any stipulation as to credit.

(ii) Where the Product has been sold on credit, but the term of credit has expired or has been revoked by the Company. (iii) Where the Client becomes insolvent, bankrupt or is unable to pay its debts when they fall due.

(b) The Company may exercise its right of lien notwithstanding that it is in possession of the Product as agent or bailee or custodier for the Client.

(c) Part delivery and lien. Where the Company has made part delivery of the Product and remains unpaid, the Company may exercise its right of lien or retention on the remainder, unless such part delivery has been made pursuant to a written agreement which expressly waives the lien or right of retention.

9.Retention of Title and Risk

(a) Property and title in the Product and other Products supplied by the

Company does not pass from the Company to the Client until the Company has received Payment in full. The Client will in the meantime take custody of the Product and retain them as the fiduciary agent and bailee of the Company.

(b) The Client may resell but only as a fiduciary agent of the Company and any right to bind the Company to any liability to any third party by contract or otherwise is expressly negatived. Any such resale is to be at arm’s length and on market terms and pending resale or utilisation in any manufacturing or construction process, is to be kept separate from the Client’s own and must be properly stored, protected and insured in the Product. The Client will in the meantime take custody of the Product and retain them as the fiduciary agent and bailee of the Company. The Client hereby agrees the Company conducting a Personal Property Security Register (“PPSR”) search of the Client and to the Company registering a Financing Statement on the PPSR in respect of any Products for which the Company has not been paid in full. The Client hereby waive all rights (whether to notification or otherwise) granted to the Client by the PPSA, except those rights that may not be waived by contract. The Client will bear all of the Company’s reasonable costs of and incidental to:

(i) Perfecting its Security Interest in the Products (by registration or otherwise);

(ii) Discharging its Security Interest (including any associated registration);

(iii) Enforcing its Security Interest.

(b) In addition to the Security Interest referred to above, the Client hereby charges any and all real estate owned by the Client with the payment of the Monies Hereby Secured.

(c) Risk. The risk and responsibility for the Product passes to the Client upon the Company delivering the goods or part thereof to the nominated address of the Client.

11.Cancelled Orders

If the Client cancels an order prior to work commencing or the Product being delivered the Company reserves the right to keep any deposit paid by the Client. If the work has commenced or the Products have been delivered then the Company reserves the right to pursue the Client for any outstanding amounts as calculated by the Company in order to recoup the Company’s costs to date. The Company reserves the right to decline any order for whatever reason and if a deposit has been paid by the Client then the Company shall refund the deposit in full.

12.Warranty

(a) Installations. The Company warrants the reasonable performance of the completed Works for a period of  24 months from and including the date that the Company advised the Client the works are complete. Warranty only valid if client deals directly with us for call backs . Associated costs from other contractors attending will not be reimbursed without the opportunity for the Company to re-attend on its own behalf. All warranties commence from the time of commissioning, or the date of supply. Subject to an optional service plan and a one off registration fee the Company can provide an optional 5 year installation warranty.

(b) Equipment and Supply. The Company accepts no responsibility for failure of equipment supplied covered under manufacturers warranty deemed manufacturers responsibility. Notwithstanding any provision in this

Agreement to the contrary, all statutory or common law warranties of merchantability or fitness for purpose are hereby excluded to the maximum extent permitted by law. All Products are covered by the applicable manufacturer’s warranty only. The terms of any manufacturer’s warranty in respect of any item of Product the Client contemplates ordering from the Company, can be supplied on request. The Client must deal directly with the manufacturer if it has any claims for faulty products.

(c) General. This warranty –

(i) Only covers labour costs necessary for the completed Works to be placed in a standard of reasonable performance.

(ii) Shall be covered by the Company during its normal working hours unless the Client pays any additional charges or expenses for work to be attended to outside of these hours.

(iii) Does not cover anything caused or contributed to by:

(A) Power surges, low voltage or the primary phasing of the

Incoming electrical supply.

(B) Misuse or neglect by the Client.

(C) Work performed by anyone other than a properly authorized representative of the Company.

(D) Acts of God and any consequential damage, such as but not limited to lightning strikes, strong winds, storms, earthquakes and any resultant cracks, breakage, equipment failure, water damage and such.

(E) Rodents, insects, birds, animals or the like.

(F) Rust or oxidisation of metal.

(iv) Nothing deemed herein warrants consequential losses contributable to any warranty claim. Under no circumstances will these losses, if any, be accepted.

(v) Lamps, globes and electrical fittings are covered under the manufacturer’s warranty conditions which unless otherwise stipulated are supply-only of any defective components. Associated labour costs are not included.

(vi) Relocation of Existing Air-conditioners or electrical fittings of any sort voids all warranty terms. Associated labour cost to re-install, repair or replace will be paid in full by the client in accordance with the rates stipulated below in clause 14.

(vii) Replacement of Ducted Systems that do not involve replacing ductwork, zone motors , barrels and vents will only be covered on the work and equipment replaced by the Company. Any additional faults will be charged at a rate stipulated below in clause 14. The company will not be responsible for system design and parameters.

(viii) Damper Motors are covered by a 5 year parts only warranty associated labour costs are not included.

(iix) No Allowances have been made for patching and painting if replacement products are different in physical size.

(d) Residual Current Devices installation and Faults. Often when Residual Current Devices are installed further problems are incurred due to faults within the wiring of the house. Whilst the Company endeavours to avoid this, sometimes it is out of the Company’s control. Any additional works will be charged at the full rate stipulated below in clause 14. Regardless of whether the client chooses to proceed with the fault finding and repair of any wiring or further faults the cost for the Residual Current Device installation, will need to be paid in full on day of installation unless otherwise stipulated.

15.Emergency Afterhours Callout

Terms and Conditions stated are such that-

(a) On requesting an Electrical or Air-conditioning callout for repair or quote for repair, outside normal office hours the client fully understands, acknowledges and agrees to the fees, rates and charges by the Company. Afterhours Callouts incur a 3 hour minimum charge Additional charges are incurred per 15 minutes blocks thereafter. Parts and sundries are an additional cost and will be added to the clients invoice for payment. Once Power has been established or Problem has been diagnosed, any further repair work will be undertaken during normal business hours. (b) Payment is required regardless of repair to Afterhours callout.  All sundry sales and callouts are strictly COD. Failure of payment will be automatically directed to the Companies legal team within 48 hours after date of invoice. If the Client defaults in payment of an invoice, then any outstanding balance is to incur interest at the Interest Rate on the daily outstanding balance due. That interest may be compounded to the balance outstanding every 30 days.

(c) Normal Business hour are 8.00 am – 5.00pm Monday to Friday.

16.Liability and Additional Work/s

The Company shall not be liable or responsible for any damage or loss or costs, whether direct or indirect, for the works, its installation or completion or timeliness or any materials used therein except that covered by the warranty provided in this Agreement. The Company is prepared to attend to any additional or consequential work not forming part of the works or covered by the warranty on normal work conditions and charges should the Client authorise the Company to do them.

17.Media

On requesting work by the Company the Client agrees that any comments made about the Company on the internet or any other form of media forum whether positive or negative to the company unless authorised by the company to do so, will be pursued through the courts for any damages and losses suffered by the company relating to these actions and all associated court costs of the Company will be forwarded on to the client.

18.Miscellaneous

(a) Where a Client purchases any Product or service for the benefit of a 3rd party, whether as agent or in any other capacity, until that 3rd party has paid for the Product in full, the Client will remain liable as the primary debtor for that Product.

(b) If the Client is the trustee of a trust or trusts, the Client enters into this Agreement in its personal capacity and also as trustee of the trust or trusts and the signatory to this Agreement covenants with and warrants to the Company that the Client has full power under its constitution and any deed of trust, trust-power or discretionary trust or power (whether in writing or otherwise) to enter into, execute and perform this Agreement.

(c) This Agreement represents and is the entire Agreement between the Client and the Company for the Works. Any amendment or variation hereto will only be valid if in writing and signed by all parties.

(d) The Client must do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the

Company for the purpose of enforcing rights and remedies or obtaining relief or indemnity from third parties who have caused or contributed to loss, damage or cost of the Company, including but not limited to commencing or joining in or rendering reasonable assistance in respect of, an action against any third party who may have caused or contributed to such loss cost or damage.

(e) When the Company receives an official order number, replied in writing to a quote via email or in any other form, from the Client to proceed with the works, then it is understood that the Client has read, agrees and accepts all the conditions set out in this Agreement.