Terms and Conditions
These conditions apply to the sale of goods (“Goods”) and supply of services (“Services”) by Performance Aero Pty Ltd Performance Aero or Us”) and all offers made by Us in relation to all Goods by Us and, in the event of any inconsistency, save where otherwise expressly provided in this Agreement, shall prevail over any terms and conditions of any offer or communication by or from the client.
The purchase price of Goods shall be as per the agreed upon price, as applicable to the client, or as per written quotation as at the date of each offer by Us. In the event of any variation to the Goods and/or Services to be supplied, the price of the variation shall be agreed between the parties and, in the event of any discrepancy, the higher of the two shall take precedence, unless expressly withdraw in writing. All prices quoted shall pass the full amount of GST on to the client in each and every sale. Unless otherwise stipulated within the document all prices have been calculated on the basis that Performance Aero would be able to complete all Services during normal working hours, with suitable and safe access to all equipment covered under the agreement.
3. Terms of Payment
All invoices shall be paid in full no later than the terms stated on each invoice. Time shall be of the essence in this regard. The extension of credit facilities is at the sole discretion of Performance Aero. Performance Aero retains the right to withdraw credit facilities at any time prior to the delivery of Goods or Services. If the client’s terms of sale are breached Performance Aero may refuse to accept further orders or complete any further works until these breaches are rectified. If an invoice is not paid in accordance with the terms of payment, Performance Aero may charge 20% administration fee to all invoices that are in breach of these payment terms. In accordance with The Disposal of Uncollected Goods Act 1967 covers inspection, custody, storage, repair, and other treatment of goods. Under this Act, uncollected goods may be sold six months after the date on which they were ready for collection.
All Goods sold to the client shall be at the client’s risk immediately upon delivery to the client, the client’s nominee, or to the client’s carrier.
5. Title to Goods
Performance Aero shall retain title to all Goods supplied to the client until it has received payment in full of all sums due to it in connection with the supply and/or installation of the Goods including all costs associated with ferrying aircraft. In the case of payment by cheque, title shall not pass to the client until the same is honoured. If payment for any Goods or Services is overdue, Performance Aero is entitled, without prejudice to any of its other rights and remedies, to repossess, disconnect or decommission Goods, and, without notice, to enter into any premises upon which Performance Aero Goods are stored or installed for this purpose. Nothing in this Clause 5 shall affect Performance Aero’s rights to recover for any unpaid amount on the invoice as a debt.
6. Exclusion of Liability
To the extent permitted by law, and except as expressly agreed by Us all warranties, representations, terms and conditions, concerning the Goods or Services to be supplied by Us in respect of the Goods, whether express or implied, are hereby expressly excluded. To the extent permitted by law, Performance Aero shall not be liable, in respect of any claim, whether contractual, tortious, statutory or otherwise, for any loss, damage, costs, expenses or other injury or harm suffered by the client or any other person in relation to, or arising out of the Goods and/or Services by Us.
7. Trade Practices Act
These terms and conditions must be read and construed subject to the provisions of the Trade Practices Act 1974 (Cth) as amended, and other legislation and laws from time to time. To the extent to which Performance Aero is entitled to do so, Performance Aero liability (if any) shall be limited, at its option to:- (a) in the case of Goods: (i) the replacement or repair of the Goods or the supply of equivalent Goods; or (ii) the payment of replacing the Goods or having the Goods repaired or of acquiring similar Goods, (b) in the case of Services: (i) the supply of the Services again or further Services; or (ii) the payment of the costs of having the Services supplied again, at reasonable costs as determined by Us.
8. Third Party Products
Performance Aero accepts no liability for any product supplied that is manufactured by a third party company. The client agrees to rely upon any warranty provided by the original manufacturer. This clause shall not be waived in any circumstance including, but not limited to the manufacturer entering bankruptcy, winding up, liquidation or becoming insolvent under administration of, or appointment of an administrator to, or any other situation in which the manufacturer is unable to meet or is relieved of its warranty responsibilities. To the extent permitted by law, this clause shall take precedence over any other terms and conditions, express or implied.
9. Refunds and Cancellations
Special orders or made to orders are non-returnable unless a warranty or guarantee is breached. Parts opened or installed are non-returnable. Subject to Australian Consumer Law, customers may be required to pay for any costs we incur as a result of any cancellations or returns (for example, handling/transport costs or any re-stocking fee charged by our supplier). Refunds are not provided on labour.
We reserve the right to cancel any order (in full or part) where: (i) you are in breach of your payment obligations to Performance Aero; (ii) Performance Aero becomes aware after order confirmation that the good is out of stock; or there has been a genuine pricing or product description error by Performance Aero or its supplier. We will refund any amount already paid in respect of any cancelled order (and in the case of part cancellation of an order, we will refund the amount paid that relates to the cancelled portion of the
10. Defects in Existing Installation
Should Performance Aero, in the course of any work authorised, discover any defect in any part of the existing condition of the aircraft therein, which makes it impracticable or inexpedient for Us to continue work under this contract without repairing or replacing any part of the existing installation (and Performance Aero shall be the sole judge thereof), Performance Aero shall be entitled to suspend further work and shall notify the customer and submit a price for such additional work to be undertaken. Should the customer fail to sign authority for this work to be completed the contract shall be deemed to be at an end and Performance Aero shall be entitled to payment for all Goods and materials supplied and Services to date.
Performance Aero reserves the right to change, amend or alter in any way these Terms and Conditions without notice to the client.
12. Waiver and Exercise of Rights
No failure or delay by a party to exercise a power or right under this Agreement shall operate as a waiver of that power or right.
Should any clause of this Agreement or part thereof be found invalid or unenforceable by law, illegal or void, that provision shall cease to operate and shall be considered severed from this Agreement to the extent that the Clause or part thereof is invalid, unenforceable, illegal or void. All remaining provisions of this Agreement shall continue to be enforceable and binding on the parties.
14. Governing Law
These terms and conditions shall be governed by, and construed in accordance with, the laws of the State of Queensland, and any dispute in relation to any provision of this Agreement shall be either by way of arbitration in Queensland, Australia or heard in the courts of the appropriate jurisdiction in the State of Queensland, Australia