Terms of Sale

By submitting the online order form, you consent to buying products from Aerflow (ABN 18 749 465 410), trading as Temperature-Experts.com.au. You also agree to abide by these terms of sale and any other terms specified in our policies.

When you place an order with us, you confirm that you are authorised and legally entitled to make the purchase and use the payment method provided. For card transactions, you affirm that you are either the cardholder or have the cardholder’s explicit permission to use the card.

We reserve the right to refuse or suspend any transaction at our sole discretion. In the event that we refuse or suspend a transaction, we are not liable to you or any third party for any consequences resulting from that refusal or suspension.

You acknowledge and agree that using our site is entirely at your own risk, and we are not responsible for:

  • Any viruses, spam, contamination, damage, or loss that occurs directly or indirectly from using our website, including interactions via email, Facebook, YouTube, Twitter, LinkedIn, or other social media channels;
  • Any issues with viewing videos or other content on our website;
  • The accuracy or dependability of content found on third-party websites, regardless of whether we recommended those sites;
  • Any information, materials, services, or advice provided by third-party websites or links, including problems related to personal data, payments, or refunds. You assume full responsibility for any personal loss or damage resulting from accessing third-party sites;
  • Any misuse or insecurity of your personal information due to breaches or compromises in our computer system or database.

If our website displays any typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, or availability, we reserve the right to correct these errors and update the information at any time without prior notice, including after you have placed your order.

You are responsible for ensuring that delivery locations are accessible. If damage occurs to any obstruction or to the goods while navigating or avoiding obstructions, you agree to indemnify us against any claims for such damage. The quoted delivery price is based on the assumption of clear access to the delivery site. You also agree to cover any additional charges for waiting time or extra time needed to obtain clear access, beyond the quoted delivery price.

Title to any goods supplied by us will remain with us until you have paid for all goods in full. You acknowledge that the risk for the goods, including responsibility for insurance, transfers to you as soon as the goods leave our premises or come into your possession, whichever happens first. You further agree to:

  • Keep the goods stored and maintained in a way that clearly indicates they are our property until full payment is received.
  • Allow us to enter your premises with at least 2 business days’ notice and use reasonable force, if necessary, to reclaim the goods without any liability for trespass. You will compensate us for any loss, damage, or claims arising from our repossession of the goods.

In this agreement and related terms, “PPSA” refers to the Personal Property Securities Act 2009. Terms such as “accession,” “collateral,” “financing statement,” “financing change statement,” “security agreement,” “security interest,” “perfected security interest,” and “verification statement” are defined under or within the context of the PPSA.

This agreement acts as a security agreement under the PPSA. The retention of title described constitutes a purchase money security interest in favour of us concerning all current and future goods supplied to you.

If required, you must promptly sign any necessary documents, provide needed information, and take any actions required to ensure that our purchase money security interest or any other security interest is perfected.

You must not enter into any agreements that allow another party to register a security interest in the supplied goods or any proceeds from their sale until our purchase money security interest and other interests are perfected.

You must not take any actions that might result in our purchase money security interest or other security interests being subordinated to another interest.

To the fullest extent allowed by the PPSA, you agree to exclude the application of sections 115(1) and 115(7) and any related provisions.

You waive any rights you might otherwise have under the PPSA, including:

  • Receiving any notices or statements you would be entitled to under sections 115(1) and 115(7);
  • Applying to a court for an order concerning the removal of an accession under section 97;
  • Objecting to our proposal to purchase or retain any collateral under sections 130 and 135;
  • Receiving a verification statement confirming the registration of any financing statement or financing change statement related to any security interests created under this agreement.

You agree to indemnify us and keep us protected from any losses, expenses (including but not limited to legal fees on a full indemnity basis), or damages of any kind that arise from your failure to pay any amounts owed to us, or from any failure or default in meeting your obligations under these terms, any other agreements with us, or any of our policies.

Despite anything stated in this agreement or our other policies, you acknowledge that we do not offer any warranties or conditions, either express or implied, regarding the condition of the goods or their suitability for any particular purpose. To the extent allowed by law, our only obligation is to use reasonable efforts to supply goods or, at our discretion, to repair or replace any goods found to be defective during the applicable warranty period. We are not responsible for any other claims, losses, or damages, including but not limited to those related to the loss of use of the goods, indirect, special, or consequential damages, or any losses related to prospective profits, expenditures, or other business commitments. This includes any consequential loss or damage suffered by you or any other party arising from or related to the use of the goods or any injury to individuals, corporations, or other entities.

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