Terms of service
TERMS AND CONDITIONS OF SALE
1. INTERPRETATION.
a.In these Conditions “Toyesi” means Toyesi Pty Ltd. The “customer or Buyer” shall mean the Person, Firm or Company that purchased, owns, intends to purchase or responsible for the Heat Pump and other equipment as supplied by Toyesi.
b.“Conditions” means these Terms and Conditions of Sale and any further or other Terms and Conditions of Sale amending or adding to these Conditions.
c.“Goods” means the equipment in question that is being represented and invoiced by Toyesi.
d.“Tooling” means any dies, tools and other equipment Toyesi makes or obtains to produce the goods.
e.“Service” includes any time or manual labour required by any Toyesi representative to perform any duty.
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2. ENTIRE CONTRACT.
a.These Terms and Conditions constitute the entire Contract between Toyesi and the Customer.
b.Any Terms and Conditions set out in any order or other document submitted by or on behalf of the Customer shall be inapplicable, unless any particular part of those Terms and Conditions or any other modification or addition to these Conditions is expressly agreed to in writing by Toyesi.
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3. ADVICE.
a.Any advice, recommendation, information, assistance or service provided by Toyesi in relation to the application or use of the goods is given in good faith but is given without any liability or responsibility on Toyesi’s part.
4. UNIT SELECTION
a.Based on details provided by the client’s brief.
b.Incorrect or missing information may lead to poor heat pump selection and or recommendations.
c.Please ensure the information is as accurate as possible to reduce the risk of poor heat pump performance.
d.Toyesi is not liable for poor heat pump selection if the client fails in this obligation.
5. HEAT PUMP & CHILLER PERFORMANCE
a.Care must be taken to notify Toyesi if there are additional heating or chilling factors.
b.External heating or chilling sources, solar, water and ambient temperatures may affect a heat pumps heating or chilling performance.
c.Outside temperatures below 15C and above 35C may change the effectiveness of all heating equipment.
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6. PRICES.
a.Notwithstanding prior quotations or acknowledgment of price, the prices specified for the goods may at Toyesi’s option be subject to alteration in accordance with Toyesi’s prices and charges in effect at time of delivery.
b.Increases or decreases of the value of the Australia Dollar may impact pricing of any given solution without notice.
7. ABOVE REASONABLE ADDITIONAL WORKS & SERVICE:
a.Additional site visits and or on-site works may be charged out at $90 + gst per hour per person required.
b.Additional Engineering, Specifications, Documents, Drawings and or Project Management requests may be charged out at $160 + gst per hour (Billed in 30min or part-there-of allotments) or per item.
c.May be chargeable if project does not go ahead or not commissioned by Toyesi.
d.Waivable at Toyesi’s discretion.
8. GOODS & SERVICES TAX (GST)
a.Sales Tax (10% GST) will be charged where applicable unless a written order showing Tax Exemption Number or Exemption Certificate is received when order is placed.
9. TERMS OF PAYMENT.
a.Where Toyesi offers a credit facility to the customer the terms of payment of any invoice shall be nett payment by the end of the month following the month during which the invoice is rendered.
b.If there is a change of the name, legal entity, structure or management and control of the Customer’s business, the Company will only continue to provide credit facilities if it receives from the Customer written advice of the changes and has provided to the Customers written consent to the changes and to the continuation of the credit facilities.
c.Where no credit facility is offered the Customer shall pay Toyesi a 50% deposit of total Invoice prior to commencement of manufacture of any equipment tor goods relating to the given project.
d.The balance of the said invoice’s balance is then made payable prior to the delivery or pick up of equipment unless specified prior in writing by Toyesi.
e.If payment is not made by the Customer within or at the time specified either or both penalties stated hereunder may be charged by Toyesi at Toyesi’s absolute discretion: -
i.where a discount, concession or allowance is given by Toyesi and stated in the Invoice, the discount, concession or allowance may be withdrawn in part or in full, and, in such case, a written notice by the Company to the Purchases to that effect will be deemed to be the new invoice; and
ii.interest may be charged at the rate of 5% per annum (calculated monthly) above the current Westpac Banking Authority business overdraft rate on all amounts outstanding as and from the date of the invoice.
iii.Should payment remain outstanding beyond Toyesi’s payment terms as outlined above the customer is liable for all costs including legal costs (on a Solicitor/own client base) and mercantile agent’s fees incurred by Toyesi in recovering the amount outstanding.
17. DEFAULT.
a. Should default be made by the Customer in paying any sum due under this or any other contract between Toyesi and the Customer as and when it falls due;
i.Toyesi may without having to give notice to the Customer suspend all further deliveries until the default has been made good or cancel this or any further Contract with regard to future deliveries.
ii.Toyesi may refuse, change or withdrew credit facilities at any time and may demand immediate cash payment of all monies owing under this or any such other Contract.
18. TOOLING.
a.Notwithstanding that the Customer may have been required to bear or contribute to the cost of development and manufacture of tooling, all tooling manufactured or obtained by Toyesi unless otherwise agreed remain the property of Toyesi and be retained in its possession.
b.Toyesi will be responsible for keeping such tooling in good and serviceable condition.
c.If a Customer does not use dies, tools and other equipment exclusive to the Customer for a period of three consecutive years, Toyesi may at its option, dispose of such dies, tools or other equipment without reference to the Customer or release such dies or other equipment for general sale.
19. CREDIT CLAIMS / RETURNS.
a.Toyesi does not sell goods on a ‘Sale or Return’ basis.
b.No goods may be returned for credit unless they are unused and found to be in new condition and suitable for resale.
c.A copy of the original invoice must be presented on all claims.
i.All claims must be made in writing within seven (7) days from receipt of goods and no claim will be recognized after this time.
d.Goods returned;
i.Valid claims for goods sent incorrectly will be credited in full provided we are notified within seven (7) days and subsequent to return of the goods to Toyesi.
ii.Orders cannot be cancelled except with our consent and upon terms that will indemnify us against losses.
iii.All goods for return must first be inspected by our Representative and no goods will be received without prior notification and agreement by ourselves.
iv.Toyesi reserves the right to charge the Buyer 15% of the original price for accepting a return of goods.
20. Privacy Statement
a.All information contained within this and all documentation supplied by Toyesi contain PRIVILEGED AND/OR CONFIDENTIAL information intended solely for the purpose of presentation and or quotation and for Toyesi and the client’s information only.
b.Information, images, facts and figures contained within the bounds or part thereof this or other documents & presentations are not to be distributed or used without the prior knowledge of Toyesi, unless for the purpose that this document was intended for. I.E., presenting the information to a board or procurement team etc. for the purpose of the potential procurement or related discussions in relation to the services and products contained within.
c.Terms of Privacy also apply to any party that may receive a copy of all, or part thereof, this document and are subject to the same conditions as stated and so forth.
d.Sharing any or part of this or other documents provided by Toyesi to any party deemed to be in opposition to Toyesi will be considered a breach of this privacy.
21. OE&E STATEMENT
a.All documents provided by Toyesi are put together based on information gathered for its purpose. All care has been taken to present accurate information and in no way attempting to deceive or present false or misleading information. If, however you find that the information contained within any document to be different from than what is actual, please notify Toyesi as soon as possible so that such information can be corrected.
b.If pricing or details have been quoted or stated in error Toyesi hold the right to resubmit the corrected information.
c.All facts and figures including pricing are based on the information gathered at the time of submission and may change at any time without warning or notification. This could be due to supply changes, exchange rates or product upgrades or component availability etc.
22. Copyright – Toyesi Pty Ltd – 2014
a.Images displayed on the pages on any of Toyesi’s marketing material are not claimed to be created or owned by Toyesi.
b.Images seen on these pages are for pictorial examples only.
c.They have been collected from the public domain across the internet.
d.If you wish one removed, please let us know.
23. GOVERNIING LAW.
a.This document shall be governed in all respect by the laws in force in the State of New South Wales. The parties accept and submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.
b.No actions arising out of the sale of goods, or this document may be brought by either party more than three (3) years after the cause of action accrues.
Toyesi Pty Ltd A.B.N 33 003 133 328
COMMERCIAL WARRANTY
1. WARRANTY APPLICATION
a.For warranty to apply, proper authorization MUST be obtained prior to performing any repairs.
b.This warranty is void if the product is repaired or altered in any way other than by those persons or agencies recommended by Toyesi Pty Ltd.
2. SCOPE OF WARRANTY
a.Toyesi Pty. Ltd. warrants to the original owner that its heat pump, when installed by a qualified licensed installer, will be free of defects in its materials and workmanship under normal use and service.
b.If a defect appears in the product before the end of the warranty period and Toyesi finds the product to be defective in material or workmanship, Toyesi will, in its sole discretion, either:
I.Repair or replace the product or defective part of the product free of charge; or
II.Cause the product or the defective part of the product to be replaced or repaired by an authorized Toyesi approved service agent free of charge.
c.Toyesi reserves the right to replace defective parts of the product with parts and components of similar quality, grade and composition where an identical part or component is not available.
d.Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
e.This limited warranty does NOT cover Labour, travel time, or shipping costs to and from our designated repair centre and installation site. However, these costs may be waived at Toyesi's discretion.
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3. WARRANTY PERIOD
a.Toyesi Pty. Ltd. warrants that, subject to the exclusions and limitations below, that the heat pump will be free from defects in materials and workmanship during the warranty period. The warranty periods are set out below and commence 30 days after the date of leaving Toyesi’s factory (to allow for delivery & installation).
b.If not otherwise stated the effective date of conditional warranty is for a period of 12-months from date of delivery, or date of shipment from a Toyesi warehouse plus 30 days.
c.Warranty service cannot be initiated until the status of the warranty has been established.
d.Failure to return the product registration card may significantly delay warranty service.
e.The warranty period may vary for different parts of the heat pump.
COMMERCIAL WARRANTY
4. Warranty Claims
a)If a fault covered by warranty occurs, the customer must first contact Toyesi (02 9679 9400 or toyesi@toyesi.com.au) or via this websites contact us page. Or via an Authorised Toyesi Service Agent.
b)Any warranty claim must be accompanied by
I.Proof of purchase
II.Full details of the alleged defect
III.Supporting information such as the serial number and model number of the product.
IV.Historical or maintenance records, for both the unit and water quality records, will be required.
c)The customer must make the product available to Toyesi or its authorised Toyesi Service Agent for inspection and testing. Toyesi or its authorized service agent will attend the premises where the product is installed for inspection and testing.
d)The customer may have to pay for travel costs, or back to base shipping costs if:
I.They are outside of the Sydney Metropolitan area if they require Toyesi to do the warranty work.
II.Outside of a capital city metropolitan area for an authorised service, agent to do the warranty work, or
III.is not within a 20 km radius of an Authorised Service Agent.
e)If such inspection and testing find no defect in the product, the customer must pay Toyesi usual costs of service work and testing, including parts. If such inspection and testing find a defect that is not covered by this warranty, the customer must pay Toyesi standard industry costs of service call out, work, travel, plus any parts and labour required to repair the product, unless recoverable from Toyesi on the failure of any statutory guarantee under the ACL.