Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions apply to all purchases of Enovee Innovations' products and service work:

1. General Terms and Conditions
1.1 The agreement shall be construed and interpreted pursuant to the laws of the State of Victoria.
1.2 The person signing this document for and on behalf of the Client warrants that they are duly authorised to sign it on behalf of the Client.
1.3 The Client and the person signing this document warrants that the information contained on the front is true and correct and is not deceptive or misleading.
1.4 The parties agree that this contract contains the entire understanding between them and that no variation, amendment or waiver shall be valid unless with the express written consent of Enovee Innovations and signed by both parties.
1.5 In the event that a variation in the details is required by the Client which necessitates an increase in costs then those increased shall be paid by the Client to Enovee Innovations at the time of the payment of the final balance.
1.6 The Client shall pay all amounts on their due dates and no amounts shall be retained by the Client under any circumstances unless provided for in this contract. In the event that the contract provides for payment on or before delivery or installation then no delivery or installation shall occur unless payment is first received by Enovee Innovations. Further any warranty shall not take effect unless payment in full has been received by Enovee Innovations.
1.7 The client shall pay interest at the rate of 2% per month on any amounts outstanding and any debt collector's charges incurred until the date of full payment.
1.8 In the event that the Client does not complete the purchase for whatever reason then all deposit monies will be forfeited and the Client shall pay Enovee Innovations all losses, costs and expenses incurred by Enovee Innovations.
1.9 All conditions and warranties as to quality, fitness, suitability or being fit for a particular purpose and any implied conditions are expressly negatived to the maximum effect the law allows. Nothing contained in this contract shall exclude, restrict or modify or have any effect of excluding, restricting or modifying the application of all or any of the provisions of Part V of the Trade Practices Act 1974 (as amended) or any relevant State Act or Territorial ordinance which by law cannot be excluded, restricted or modified.
1.10 An administration fee of $25.00 will be charged by Enovee Innovations for each dishonoured payment made by the Client. 1.11 All orders paid by credit card will incur a credit card surcharge. The surcharge amount applicable is slated on the front of this contract.

2. Access & Installation
2.1. The Client shall make available to Enovee Innovations and at the expense of the Client all necessary power as may be required by Enovee Innovations including the operation of its welders and other equipment that may be required.
2.2. The Client must ensure that access to the premises and access to the work site is clear of obstruction and is in a safe and secure condition to enable Enovee Innovations to perform the work. Such access shall be sufficient to allow Enovee Innovations to position its trucks, trailers, equipment and personnel to where the work is required.
2.3. In the event that Enovee Innovations is unable to obtain free and uninterrupted access or where its access is delayed for any reason beyond the control of Enovee Innovations then the Client shall pay to Enovee Innovations all costs, expenses and losses incurred by Enovee Innovations and/or its installers as a consequence. Such costs and expenses shall include an installation charge of $100.00 for each installer for each occasion that Enovee Innovations or its installers attend the site and are prevented from performing the work and any other costs incurred by Enovee Innovations as a consequence.
2.4. In the event that the Client does not lake delivery on the delivery date then any additional costs incurred by Enovee Innovations (including storage) as a consequence shall be passed onto the Client and the Client shall pay such costs to Enovee Innovations forthwith upon demand.
2.5. The Client must ensure that the premises on which the product is to be installed is adequate structurally and in design to enable the product to be installed. Any quotation covers only the work specified on the quotation. It does not, unless specifically stated, include any rectification. Work that may be required such as out-of-square openings or removal/disposal of old doors.
2.6. All additional costs incurred by Enovee Innovations that are not provided for in the quotation shall be at the expense and responsibility of the Client and shall be paid by the client to Enovee Innovations forthwith upon demand.
2.7. Where a delivery/installation or service date is specified it is an approximation only and Enovee Innovations is not liable for any delay, damages {including consequential damages), loss, costs or expenses relating to the inability to deliver, install or service by the delivery date. Enovee Innovations is not liable by the delays arising from events beyond its reasonable control e.g. strikes, lockouts, accidents, shortages of material or labour, shipping delays or wars.
2.8. The Client must inspect the product and installation or service immediately after the delivery or completion of job (as case may be).

3. Transfer of Ownership and Right of Entry and Removal
3.1. The risk but not ownership in any product sold shall pass to the Client upon delivery as required by the contract. Once delivered the product is the responsibility of the Client. Ownership will remain with Enovee Innovations until Enovee Innovations has received full payment by the Client.
3.2. It is agreed that until Enovee Innovations has received payment in full it has the right to enter the premises where the product ss located and remove and dispose of the product in such manner as it desires. The Client shall have no claim or demand against Airport.
3.3. Doors in such an event. The client indemnifies and holds harmless Enovee Innovations or any third party from direct or indirect cost, expense or loss incurred in removing the product.
3.4. The Client shall until full payment has been made hold the product as bailee for Enovee Innovations and shall take all steps and do all things necessary to safeguard and protect the product for the benefit of Enovee Innovations. The Client shall not transfer, assign, dispose or howsoever otherwise deal with the product to any third party unless and until full payment has been received by Enovee Innovations. ENOVEE INNOVATIONS PTY LTD ABN: 38 611 917 250 2/16 Law Court, Sunshine West VIC 3020 PHONE: +61 3 9746 8427 EMAIL: office@enovee.com.au WEBSITE: www.enovee.com.au

4. Warranty & Service Work
4.1. Subject to the conditions contained in Clause 6 Enovee Innovations warrants to the Client for a period of three months from the date of any service work, all work performed by its service personnel pursuant to this agreement such warranty being limited to making good any such defect proved to Enovee Innovations' satisfaction and further provided that no person has serviced or tampered with the door other than Enovee Innovations. The warranty does not extend to cover tree repair of any other fault which may develop in this period.

5. Warranty for Sale of Product
5.1. Subject to the conditions contained in Clause 6 Enovee Innovations warrants any product sold and installed to the Client (excluding batteries, globes, fuses and handsets) for a period of twelve (12) months from the date of installation or delivery. 5.2. Any handsets for a period of three (3) months from the date of installation or delivery. 5.3. Any batteries, globes and fuses lor a period of seven (7) days from the date of installation or delivery.

6. Terms of Warranty
6.1. The Client must notify Enovee Innovations in writing immediately upon learning of the fault. The Client must prove the date of purchase by production of the sales or service order or invoice.
6.2. Enovee Innovations will at its option either repair or replace the proven defective product or fault in workmanship arising from normal use and operation in a manner Enovee Innovations considers reasonable (including where necessary the use of touch-up paint) subject to the conditions of the warranty. However, product that has been: a) operated or cared for in an improper or unreasonable manner: b) modified in a manner the effect of which could have reasonably given rise to the default for which rectification is subsequently required: c) fitted with parts or accessories not approved by Enovee Innovations: d) serviced or tampered with other than by Airport Doors or its installers: e) not cared for and maintained by the Client and kept clear of fluids: will not be covered under this Warranty.
6.3. If the full purchase price is not paid for any reason this warranty will be void.
6.4. Any claim made by the Client outside the warranty period of twelve (12) months from the date of installation is not covered under this warranty.
6.5. Any product and/or component installed near the sea or other body of water or in an area subject to industrial fallout will not be covered by the warranty for rust or corrosion.
6.6. Any masonry rendered or other surfaces cracking or collapsing during or after installation of the product will not be covered under the warranty. 6.7. All warranty work will be carried out in normal operating hours (Mon-Fri 8am-5pm, excludes public holidays and Christmas closure). Should the Client require work to be performed outside those normal operating hours then the Client will pay any additional labour costs that will apply as a consequence.
6.8. Any work carried out during the warranty period that is not covered by this warranty must be paid for by the Client.
6.9. Statutory Warranties - The warranties provided above do not limit, restrict, modify or exclude the statutory warranties contained in Divisions 2 and 2A of Part V of the Australian Trade Practices Act ("the Act”) or the provisions of any other statutory warranties that cannot be limited, restricted, modified or excluded provided that the liability of Enovee Innovations under the Act or other statutory warranties is limited to the costs of repairing or replacing the product so long as such limitation is permitted by the Act or statutory warranties.

7. Limitation of liability
7.1. Enovee lnnovations and its installers are not liable for:
7.1.1. any loss or damage in or in connection with the delivery, installation or use of the goods and services, including any indirect or consequential loss such as loss of profit, loss of revenue, loss of contract, loss of goodwill even if due to the negligence of Enovee Innovations or any of its employees or contractors:
7.1.2. any damages or loss suffered by operating the product by any device, electronic or otherwise which was not supplied or installed by Enovee Innovations or its contractors;
7.1.3. any masonry, rendered or other surfaces cracking or collapsing during or after the installation of the product;
7.1.4. any defect in the structure including timber to which the product is affixed occurring at any time after the installation;
7.1.5. any loss or damage that occurs or may occur arising out of or as a consequence of installation or operation of the product or for the failure to deliver or install the product by the specified date. Such loss or damage includes loss and damage to surfaces such as walls, floors and ceilings and also includes loss and damage for failing to secure (lock) the product or the premises. Enovee Innovations has no responsibility to lock the doors or the premises and this is the total responsibility of the Client.
7.2. The Client releases Enovee Innovations and its installers from any loss, costs, claim or liability to the maximum effect permitted by law that arises from the installation or use or otherwise of the product.
7.3. The release of liability includes any consequential toss or damage and loss of profit, which is the result of delay, defective or faulty materials or workmanship, negligence or any act or omission by Enovee Innovations.

GST Expressions used in this clause which are defined in the A New Tax System (Goods & Services Tax) Act 1999 (Cth) have the same meaning in this clause as so defined. The amounts quoted are exclusive of GST unless slated otherwise. Unless otherwise provided in this agreement, where a party to this agreement (the "supplier•) makes a Taxable Supply under or in connection with this agreement or in connection with any matter or thing occurring under this agreement to another party to this agreement (the "Recipient") the Supplier will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from the Recipient the amount of any GST on the Taxable Supply.