Terms & Conditions of Service

f)      Southern Cross Compressors will provide a copy of the "Site and Service Reports" at the conclusion of each scheduled service call. The "Site and Service Reports" outline the service provided and any additional repairs recommended. The "Site and Service Reports" must be signed by representatives of both parties at the conclusion of each scheduled service call thereby verifying the work, as specified, has been completed.

g)     Scheduled service calls provided outside of the agreed service time, at the Customers request, will be covered by an additional charge to the Customer.

5. RESPONSIBILITIES OF CUSTOMER

a)    The Customer will perform daily and weekly servicing on the machine(s) as indicated in the Manufacturer's Machine Instruction book(s).

b)     i.      Only lubricates approved by Southern Cross Compressors are used.

ii.     Water in the cooling circuits (if appropriate) is within the limits of quality, quantity and temperature as specified by Southern Cross Compressors.

       iii.    Air intake filters are approved by Southern Cross Compressors and serviced as recommended by
     Southern Cross Compressors.

       iv.   Adequate ventilation is available in the vicinity of the equipment

       v.    The equipment is regularly cleaned prior to each planned service call.

c)     The Customer will advise Southern Cross Compressors immediately of any changes to operation or site conditions and any malfunctions or failures that may influence the proper functioning of the equipment.

d)     The Customer will allow Southern Cross Compressors to have free and full access to the equipment during normal working hours to perform scheduled service calls pursuant to this Agreement, unless otherwise specified. The cost of waiting time, where required by the Customers operational conditions, will be covered by an additional charge to the Customer as per Clause 7 (a)(vi).

e)     The Customer is responsible for taking the necessary action on repairs recommended by Southern Cross Compressors.

6. EXCLUSIONS

a)     The Customer is responsible for the cost of maintenance arising from the following:           

i.       Damage to the equipment caused by incorrect operation.

ii.      Damage to the equipment caused by external forces, ie falls, collisions etc.

iii.     Damage to the equipment due to introduced contaminants.

iv.    Failure of the equipment due to lack of Customer daily/weekly maintenance and/or failure to inform Southern Cross Compressors of equipment faults and continued operations with the same.

v.     Failure due to unavailability of the equipment to Southern Cross Compressors for scheduled service calls as and when due.

vi.    Waiting time due to the Customer operating conditions.

vii.    The Customer's failure to comply with repairs recommended by Southern Cross Compressors.

b)    Customer shall bear the cost of:

i.      The supply of labour and parts required to repair or replace the compressor element drive motor

ii.      Electrical equipment not supplied as a standard component of the package.

7. Warranty 

The following warranty terms will apply.

a)     New Equipment. Warranty on parts and labour will be in accordance with the warranty provisions of the equipment.

b)     For all Service Plans, the warranty on parts is 90 days and labour 30 days from the date of site attendance. Travel costs (outside Metro), accommodation and messing (if necessary) are not included and will be charged to the Customer at the rates ruling at the date of site attendance.

8. TERMINATION AND CONTRACT TERM

a)     This agreement may be terminated by either party hereto upon Sixty (60) days written notice. This agreement can also be terminated by Southern Cross Compressors with immediate effect in the event of the Customer failing to perform any or all of its obligations under either Clause 1 or Clause 6.

b)     It is hereby agreed that upon termination of this agreement whether as a result of a mutual agreement between the parties hereto or by reasons of the Customer defaulting as aforesaid or otherwise, the Customer shall pay to Southern Cross Compressors  a sum equal to the difference of services and parts provided under normal conditions and prices and the value of the instalments already paid to the date of termination (if the instalments are less than the value of actual services and parts at normal prices.)

c)     The term of this agreement is as per quotation acceptance page as above. Depending on the services provided, there may be an additional charge according to clause 9 b) should the agreement be terminated within the agreement term.

9. LIMITATION OF LIABILITY IN CONSUMER TRANSACTIONS

In connection with the supply to a consumer of any goods or services within the meaning of the Trade Practices Act, 1974 other than goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of Southern Cross Compressors in the event of a breach of a condition or warranty implied by the Act (other than a condition or warranty implied by Section 69) is limited, subject to Section 68A of that Act, at the option of Southern Cross Compressors:

a)     In the case of goods, to any one or more of the following:

i.     The replacement of the goods or the supply of equivalent goods.

ii.    The repair of goods.

iii.   The payment of the cost of replacing the goods or of acquiring equivalent goods.

iv    The payment of the cost of having the goods repaired.

OR

b)     In the case of services.

        i.     To the supplying of services again

                Or

        ii.    To the payment of cost of having the service supplied again.

10. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS

To the extent permitted by law, Southern Cross Compressors shall not be liable in any way to the Customer, its servants or agents for consequential, secondary, indirect, special or abnormal loss or damage (including lost profits and economic loss) connected with any supply of equipment or services by Southern Cross Compressors to the Customer or any dealings between Southern Cross Compressors and the Customer, and the Customer indemnifies Southern Cross Compressors against claims, suits or actions by third parties relating to such loss or damage.

11A. DAMAGES TO BE REDUCED EQUITABLY HAVING REGARD TO CUSTOMER'S CONDUCT

In any claim, suit or action against Southern Cross Compressors connected with any supply of equipment or services by Southern Cross Compressors to the Customer or any dealings between Southern Cross Compressors and the Customer, whether a claim, suit or action for breach of Contract, negligence or otherwise, any damages recoverable must be reduced, to the extent that is lawful, just and equitable, having regard to relevant acts or omissions of the Customer, its servants or agents.

11B. ENVIRONMENTAL DISCLAIMER

The Environmental Management at any site on which Southern Cross Compressors equipment is used is the responsibility of the Customer. In this regard Southern Cross Compressors disclaims any responsibility for any infringement which occurs related to Acts, Rules or Regulations pertaining to environmental pollution aspects such as noise, atmospheric, water, sewer, dangerous goods, waste disposal etc.

11.   EXCLUSION OF OTHER TERMS

The above terms and conditions shall apply to all agreements given by Southern Cross Compressors to the exclusion of any other terms and conditions contained in any document submitted to the customer to the extent that such last mentioned terms and conditions are inconsistent therewith or with any rights of Southern Cross Compressors expressed or implied by law.  No modification thereof shall be binding upon the parties hereto or either of them unless such modifications shall be in writing duly executed by the Customer and approved by Southern Cross Compressors.