OVERVIEW

1. Our Agreement

This Agreement sets out the terms and conditions on which Thermosoft Australia Pty Ltd ABN 90 657 190 004, trading as Thermosoft Australia, (referred to as “we”, “our” and “us”) supplies products and services to customers (referred to as “you” or “your”). Our Agreement with you consists of the following documents:

  • (a) our quotation; and
  • (b) these Terms of Sale.

You are taken to accept this Agreement if you make a purchase from us.

2. Effect of our Agreement

This Agreement applies in relation to any products or services you order from us, even if it is not signed, and it overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise).

PRICE AND PAYMENT

3. Quotations

Prices and other details in any quotation, pro forma invoice or other document that we provide are only valid for 30 days or such other limited time period as stated in the document.

4. Price

We will notify you of the price for the products when you place your order.

5. Payment

You must pay us for the products when you order them. For orders where there is a long lead time, we may require a deposit to secure your order.

6. GST

Unless otherwise stated, the prices for the products are exclusive of Goods and Services Tax (GST). You must pay GST at the same time and in the same manner as the consideration for the products. We will give you a tax invoice showing the applicable GST.

CANCELLATION OF ORDERS

7. Our right to cancel an order

We may cancel or refuse to accept an order by giving you written notice if something occurs which is beyond our reasonable control.

This may include delays due to pandemic, war, strike, trade dispute, damage to plant or machinery, shortage of any material or labour, or any other cause beyond our reasonable control.

8. No liability for cancellations

If we cancel or refuse to accept an order, we will not be liable for any loss, damage or liability which you may incur, to the extent permitted by law.

DELIVERY, OWNERSHIP AND RISK

9. Delivery

We will use reasonable endeavours to deliver the products to the delivery point and on the date requested in your order. However (to the extent permitted by law), we will not be liable for any losses you suffer as a result of a delay or failure to deliver the products.

10. Title to the products

We retain ownership of the products until you pay for them in full (including any delivery and installation charges) and the products are delivered to you.

11. Risk in the products

The risk of loss of or damage to the products will pass to you on delivery.

SERVICES

12. Installation

We may provide an installation service for products we sell, or recommend a third party who can provide the service. 

We do not provide any electrical services, such as cabling or updates to your switchboard. Additionally, we don't cover the set up cost for hardwire kits as it is an "electrical work".

Where we recommend an electrician or other third party to provide a service, you acknowledge that you deal with them at your own risk and we are not responsible for their work.

13. Your duty to prepare for installation

You are responsible for ensuring that any electrical or structural work required for installation of the products is undertaken prior to the date you ask us to deliver and install any products.

RETURNS

14. Change of mind

We may accept returns, at our discretion, if you change your mind about a product. However, we are not required to do so.

15. Return of faulty products

You are entitled to return a product to us if:

  • (a) it is faulty or is not of acceptable quality, or
  • (b) it is not fit for its intended purpose, or
  • (c) it does not match the sample or our description.

However, you may only return the product to us on the following conditions:

  • (a) the fault is not caused by misuse of the product; and
  • (b) you give us proof (such as a receipt) that you purchased the product from us.

When you return the product on these conditions, we may repair the product or allow you to exchange the product for another product of the same value or give you a credit or refund.

Products presented for repair may be replaced by refurbished products of the same type rather than being repaired. Refurbished parts may be used to repair products.

16. Cost of returning products

We will cover the charges for returning the products if we accept that they are defective.

17. Consumer guarantees

As a consumer, you are entitled to statutory consumer guarantees in Australia.

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • (a) to cancel your service contract with us; and
  • (b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with products.

If a failure with the products or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

If this is not done you are entitled to a refund for the products and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the product or service.

Nothing in these terms and conditions is intended to restrict your rights under consumer laws.

18. Manufacturer’s warranty

In addition to any other rights you may have, we will honour any manufacturer’s product warranty.

19. Issues that may affect a warranty

You should be aware that you may not be entitled to a warranty if:

  • (a) you install the products other than in accordance with the installation instructions and manuals provided; or
  • (b) your usage of the products is abnormal or other than in accordance with the purpose for which they are intended.

20. Limitation of liability

Where you purchase products from us on a wholesale basis (to on-sell or re-supply to your customers), we limit our liability in relation to the sale of products to you as follows:

  • (a) apart from the warranties required by law, in this Agreement or any express warranties or guarantees from the manufacturer, we exclude all warranties and guarantees (whether written or oral);
  • (b) our liability for any claims (whether for negligence, breach of contract or statute) is limited at our option to either: (i) replacing the products or supplying equivalent products; or (ii) repairing of the products; or (iii) paying you the cost of having the products replaced or repaired; and
  • (c) we are not liable for any indirect, incidental, special and/or consequential losses, liability, costs or damages; any loss of business opportunity, production, profits or savings; or any reasonably foreseeable losses.

However, this limitation of liability does not apply if it would restrict, modify or exclude your rights in a way that is not permitted under the Australian Consumer Law or other applicable laws.

21. Intellectual property

Copyright in all drawings, illustrations, designs, specifications and other information we provide in connection with any quotation, contract or otherwise remains our property.

22. Variations

We may vary this Agreement by giving you written notice at any time. The variation will only affect future orders.

23. Entire agreement

This Agreement contains the entire understanding between the parties with regard to the subject matter it deals with.

24. Jurisdiction and governing law

This Agreement is governed by the laws of Victoria, Australia. The courts of Victoria, Australia (and its appellate courts) are entitled, exclusively, to resolve disputes about this Agreement.