AVT GROUP AUSTRALIA PTY LTD
ACN 693 080 045
1. DEFINITIONS AND INTERPRETATION
1.1 Contract Price
The total price set out in the accepted quotation, including approved variations, exclusive of GST.
1.2 Elevator
The lift and all associated equipment, components, and materials supplied by AVT.
1.3 Works by Others
All works not carried out by AVT, including (without limitation) builder's works, structural works, shaft construction, electrical supply, data services, approvals, and third-party certifications.
1.4 GST
All amounts referred to in this Agreement are exclusive of Goods and Services Tax (GST). The Customer must pay GST in addition to the Contract Price following the issue of a valid tax invoice.
2. PAYMENT TERMS
2.1 Time for Payment: Time is of the essence in respect of all payments under this Agreement.
2.2 Initial Deposit: A fixed deposit of $22,500 plus GST is payable upon acceptance of this Agreement to commence engineering, manufacturing allocation, and shipping arrangements.
2.3 Australia Landing Payment: A fixed payment of $12,000 plus GST is payable while the Elevator is in transit and no later than one (1) business day prior to arrival in South Australia.
2.4 Delivery to Site: Upon delivery of the Elevator to the Site, the Customer must pay seventy-five percent (75%) of the remaining Contract Price plus GST.
2.5 Final Payment – Verification: The balance of the Contract Price plus GST is payable upon completion of elevator verification. Where verification is delayed due to Site non-readiness or Works by Others, the balance becomes payable once AVT is ready and able to proceed.
3. COMMUNICATION AND MAINTENANCE
3.1 SIM Service and Term
AVT supplies a dedicated SIM card for the Elevator's emergency communication system.
The Customer agrees to a minimum service term of thirty-six (36) months at $35.00 plus GST per month.
Following the initial term, billing will continue on a month-to-month basis unless cancelled in writing.
3.2 Change of Ownership
The Customer must notify AVT in writing if ownership of the property changes.
A $50.00 plus GST transfer fee applies to transition the account to a new owner or to close the file where services are no longer required.
3.3 Communication Environment
If a stable mobile signal cannot be achieved at the Site, the Customer must provide a fixed NBN-compliant phone line with battery backup at their own expense.
3.4 Minimum Maintenance Term
The Customer acknowledges and agrees that AVT will provide elevator maintenance services for a minimum period of forty-eight (48) months from the date of completion of installation and handover.
This minimum maintenance period is required to:
(a) maintain the manufacturer's warranty;
(b) ensure ongoing compliance with applicable Australian Standards; and
(c) support the safe and reliable operation of the Elevator.
Maintenance services will be provided in accordance with AVT's applicable maintenance terms and pricing in effect at the time of commencement.
Following the initial 48-month period, maintenance services will continue unless terminated in accordance with AVT's maintenance terms.
4. WORKS BY OTHERS & SHAFT REQUIREMENTS
4.1 The Customer must ensure the lift shaft is:
Plumb, square, and smooth, in accordance with AVT drawings and tolerances;
Clean and clear, free of services or obstructions as required by AS 1735;
Finished, with internal shaft walls painted or plastered prior to door installation where glass cabins or doors are selected;
Structurally certified, engineered to sustain loads shown on the final elevator drawings.
4.2 AVT is not responsible for delays, additional costs, or inability to install, commission, or verify the Elevator arising from non-compliant Works by Others.
5. DELAYS, ACCESS AND REBOOKING
5.1 Reasonable Delays
All timeframes provided by AVT are estimates only. AVT is not liable for delays caused or contributed to by matters outside its reasonable control, including shipping, customs clearance, Works by Others, Site readiness, or regulatory authorities.
5.2 Transparency
In the interests of transparency, AVT will use reasonable endeavours to notify the Customer of material delays as they become known.
5.3 Payment Despite Delay
A delay does not entitle the Customer to withhold payment, suspend payment obligations, or claim a refund unless the delay is unreasonable in all the circumstances and directly attributable to AVT.
5.4 Rebooking Fee – Site Not Ready
If AVT or its installation team attends the Site for a scheduled installation, inspection, commissioning, or verification appointment and the Site is not ready in accordance with the approved drawings and requirements, the Customer may be charged a rebooking fee of $750.00 plus GST.
5.5 Emergency Access
The Customer must provide 24/7 access (for example, via lock-box). AVT is not liable for damage caused by forced entry by emergency services where access was not provided.
6. SUSPENSION FOR NON-PAYMENT
AVT may suspend delivery, installation, commissioning, verification, or any other services if any payment is overdue. Suspension does not relieve the Customer of their payment obligations.
7. TITLE, RISK AND LIABILITY
7.1 Title
Title to the Elevator remains with AVT until all amounts payable under this Agreement (including GST, SIM fees, storage, and rebooking fees) have been paid in full.
7.2 Risk
Risk passes to the Customer upon delivery to the Site or to storage arranged due to non-payment.
7.3 Limitation of Liability
AVT's liability is limited to the value of the Works supplied under this Agreement. Indirect or consequential loss is excluded. Nothing in this Agreement excludes rights under the Australian Consumer Law.
8. COMPLIANCE WITH AUSTRALIAN STANDARDS
The Elevator is designed and manufactured to comply with applicable requirements of AS 1735.18 (where applicable), subject to compliant Site conditions and Works by Others. Final compliance and regulatory acceptance depend on third-party certification and factors outside AVT's control.
9. GOVERNING LAW
This Agreement is governed by the laws of South Australia.
10. ACCEPTANCE
By signing below or by paying the Initial Deposit, the Customer acknowledges that they have read, understood, and agree to be bound by this Agreement.
