|1.1||Definition and interpretation|
|1.1||In these conditions, the following words and expression shall have the following meaning except where the context otherwise requires:
“Company” means AireControl Pte Ltd and its successors and assign
“Customer” means the client and his successors
“Conditions” means these terms and conditions of Service and Maintenance
“Equipment” means the equipment under the Services
“Fee” means the fee payable for the Services
“Goods” means equipment, spare parts or things
“Maintenance” means annual periodical service of the Equipment
“Services” means the Maintenance, service and other corrective service provided in respect of the Equipment and as defined in these Conditions.
|1.2||The heading in these Conditions are for convenience only and shall be ignored in construing these Conditions and shall not affect their interpretation.
|1.3||Words importing the singular also include plural and vice-versa where the context requires. The word “written” and “in writing” include any means of visible reproduction.
|2||Scope of Service|
Service will be provided as listed below, where said items are applicable to the Equipment
|2.2||Without prejudice to the foregoing, the Company shall at all times have sole and absolute discretion over the manner in which the service shall be carried out, notwithstanding any instruction or direction which the Customer may at any time have given.
|3.1||The Services shall be performed within the Service Time, which shall be between 9:30am to 5pm, Monday to Friday, Public Holiday excluded.
|4.||Exclusion & Additional Services|
|4.1||Any other work not mentioned in the Scope of Service in clause 2.1 above.
|5.1||The customer shall ensure that the Company’s personnel have full and safe access to the Equipment at all reasonable times for the purpose of providing the Services.|
|5.2||It is the Customer’s responsibility to contact the Company to schedule for Maintenance.
The Company will assist Customer by reminding them through phone call when Maintenance is due however the Company is not responsible under any circumstances for lapsed maintenance.
|5.3||Maintenance that passed its schedule period is considered void.|
|5.4||Customer shall not permit any other person to carry out any work unless prior written approval gas first been obtained from the Company. Company reserve the right to terminate agreement without notice in breach of this clause.
|6.||Payment, Charges and Fee, etc|
|6.1||In the case of Services for which additional charges is payable by the customer for replacement of parts or supply of Goods, title of the parts or Goods shall pass to the Customer only upon full payment of the additional charge.|
|6.2||The Customer must make immediate payment upon receipt of the invoice. For commercial Customer who has prior approved credit account with the Company, payment must be settle for within 30 calendar days from the date of the invoice unless otherwise agreed in writing. Time is of the essence in respect of the Customer’s obligation to make payment for the Goods or Services supplied by the Company.|
|6.3||If Customer fail to make full payment on the due date, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:|
|6.3.1||terminate the Maintenance or suspend any further Services or other obligations to the Customer (without being liable to Customer for any losses so caused);|
|6.3.2||at its sole discretion, apply any monies received from Customer in relation to the Maintenance or any other contract or agreement between the Customer and the Company, including but not limited to deposits or advance payments, towards the payment of the relevant invoice.|
|6.3.3||enter (at any time) any premise in which the Goods are stored, to enable the Company to reclaim possession of the Goods without liability for the tort of trespass, negligence or payment of any compensation to the Customer.|
|6.4||The Customer shall not entitle to withhold from, set off against or otherwise reduce any payment due to the Company unless agreed in writing by the Company.|
|6.5||If any part of a invoice is in dispute, the balance will remain payable and must be paid when due. The Customer has no right to set-off any claim against the Company from monies owing to the Company.
|7.1||The Company will not be bound by any condition attaching to the Customer’s purchase order or acceptance of a sale unless the Company in writing expressly accepts such conditions.|
|7.2||A quotation is not to be constructed as an obligation to sell but merely an invitation to treat and no contractual relationship will arise until the Company has accepted in writing the Customer’s purchase order.
|8.||Limitation of Liability|
|8.1||The Company is not liable for any injury, damage or loss of revenue, loss of contract, loss of goodwill or increased cost of working, nor shall the Company be under liability whether in contract, tort or otherwise for any injury, damage, or loss whether consequential, special, indirect or otherwise arising out of or in connection with the supply of Goods or Services, even if due to the negligence of the Company.|
|8.2||Not withstanding any other provision of these Conditions, the Company cumulative liability for any act or omission, whether in contract, tort (including negligence or strict liability) or any other legal or equitable theory shall not exceed 20% of the Fee payable under the Services.
|9.1||Both the Company and the Customer are allowed to initiate termination of Maintenance by giving 7 days notice in writing.|
|9.2||Termination by the Company shall not discharge the Customer from any existing obligation accrued due on or prior to the date of termination.|
|9.3||The Company shall refund an amount equivalent to the number of outstanding maintenance service which have not pass its schedule period less the amount of any discount offered for other work and less any outstanding invoice in accordance with clause 6.3.2.|
|9.4||There will be an administrative charge of $16.05 (inclusive GST) for the refund process.|
|9.5||If termination is requested before the completion of the second maintenance service, the charges of the first maintenance service will be calculated as ad-hoc service fee.
|10.1||These terms and conditions and any contract including them shall be governed by the laws of country in which goods and services are supplied.
|11.||Alteration to Terms and Conditions|
|11.1||The Company may amend or vary these terms and conditions at any time by posting an amended copy on the Company website www.airecontrol.com/terms and that the Customer will be bound by such amendments.
|12.1||All clerical errors are subject to correction and shall not bind the Company.|
|12.2||The invalidity or unenforceability of any provision of these Conditions shall not affect the validity or enforceability of the remaining provisions.|
|12.3||The Company failure to enforce, at any time or any period of time, any term of any contract incorporating these Conditions shall not constitute waiver of such term and shall in no way affect its right to enforce it.|
|12.4||Heading are included for ease of reference and do not form parts or affect the interpretation of these conditions.|
|12.5||These Conditions bind the Company, Customer and their respective successors and assigns.|
AireControl - Aircon Servicing Company General Terms & Conditions