1. Payment

• Payments must be made by cash, direct deposit, bank transfer (EFT), credit/debit cards (surcharges apply), within 30 days from the end of the purchase month, unless otherwise agreed in writing.

• A 2.5% administration fee (or other nominated rate) applies to credit card payments and late payments.

• We may offset any amounts we owe the Customer against amounts owed to Aker Advantage

2. Interest

• Overdue accounts attract 1.25% interest per month.

3. Ownership & Security

• These Terms form a security agreement under the PPSA. We retain a security interest over all goods/services until paid in full.

• Ownership of goods stays with Aker Advantage until payment is complete.

• We may repossess goods (using force if needed) if payment is not made.

• Customers must keep unpaid goods safe, clearly stored as Aker Advantage’s property, and hold any sale proceeds in trust for Aker Advantage

• If goods are used in manufacturing or other processes, proceeds received are also held in trust until full payment.

• We are not required to accept returns unless agreed.

4. Consumer Guarantees

• Rights under the Australian Consumer Law (ACL) apply despite these Terms. Any conflicting clauses are read down to comply with the ACL.

5. Warranty

• Goods come with the manufacturer’s warranty (24 months).

• Claims may be met by repair or replacement, at our discretion.

• Warranty starts from purchase date.

• Incorrect use, installation, poor workmanship, or consequential loss (e.g., labour or refrigerant loss) is not covered.

• All claims are assessed by Aker Advantage.

6. Liability

• To the extent permitted by the ACL:

  • Claims are limited to repair/replacement of goods or re-supply of services.

  • No claims are accepted after 60 days from delivery.

  • We are not liable for consequential or special damages.

  • We are not liable for losses caused by the Customer or third parties.

7. Cancellations & Returns

• Orders cannot be cancelled or returned without prior approval.

• Returns must be unused, in original packaging, and within 8 weeks of delivery.

• A 15% restocking fee applies.

• Custom-made goods cannot be returned.

8. Quotations

• Must be in writing.

• Valid for 30 days unless stated otherwise.

• We may amend or withdraw a quotation before an order is placed.

9. Orders

• Our internal records are conclusive proof of orders.

• Placing an order represents that the Customer is solvent.

• Customers must disclose anything that may affect our decision to accept an order or grant credit.

10. Supply & Delivery

• We may deliver in instalments or withhold supply for reasons such as shortages, safety, or breaches.

• Delivery is at the Customer’s cost and risk.

• Delivery is deemed complete when goods are ready for collection, delivered to a carrier, or to the Customer’s site.

11. Pricing

• Sales are at our nominated price at the time of delivery, unless a valid written quote applies.

• Prices include taxes, duties, and GST (which are payable by the Customer).

12. Variations

• Any variation or cancellation of these Terms must be in writing and approved by Aker Advantage.

13. Exclusions

• No sales are deemed sales by sample.

• Customers must rely on their own knowledge in selecting goods.

• We are not liable for fees, approvals, permits, or licences.

• Goods used incorrectly, stored badly, or supplied to Customer specifications are at the Customer’s risk.

• Customers must check goods comply with laws/standards before use.

14. Default

• If the Customer breaches these Terms, all amounts owed become immediately due.

• We may: cancel contracts, stop deliveries, repossess goods, and recover losses.

• Customers must cover all collection/legal costs on an indemnity basis.

15. Indemnity

• Customers indemnify Aker Advantage against all claims or losses arising from dealings with Aker Advantage.

16. Intellectual Property

• All intellectual property in goods/services remains with Aker Advantage.

17. Customer Terms

• Customer-imposed terms do not apply.

18. Reconditioned Goods

• We are not liable for goods repaired or reconditioned by the Customer or third parties.

19. Restructure

• Customers must notify Aker Advantage of any changes in structure, directors, shareholders, or trustees within 7 days.

20. Jurisdiction

• These Terms are governed by the laws of the State we nominate. If not nominated, Queensland applies.

21. Credit Limit

• Any credit facility is discretionary and may be withdrawn at any time.

22. Waiver

• Our decision not to enforce rights on one occasion does not waive future rights.

23. Notice

• Customers are deemed to have notice of updated Terms once adopted by Aker Advantage.

24. Force Majeure

• We are not liable for delays or failures due to events beyond our control (e.g., strikes, lockouts).

25. Insolvency

• Customers are in default if they become insolvent or appoint an insolvency practitioner.

26. Severability

• If any part of these Terms is invalid, the rest remain enforceable.