7.2  Order Changes and cancellations - Products or Services once

delivered or set-up are chargeable to the Client.  Changes and

cancellations BEFORE DELIVERY will, where possible, be

accommodated by AVC at no charge to the Client - except where the

Product or Service has been especially acquired or reserved for the

Client’s Event.  AVC at their absolute discretion will determine whether

or not an Ordered Product or Service is chargeable to the Client.

 7.3  Third Party Products or Services (including Entertainers and

Bands) that have been booked on behalf of a Client are subject to

individual return policies.  All Third Party fees and charges payable by

AVC in respect of a Client Order will be invoiced to the Client together

with any associated service fees that may be due to AVC.

7.4  AVC will not be liable for damage or defect in Product or Services

caused by Client neglect, improper use, installation, maintenance or

any unauthorized repair.

8. Helium Gas Supply (Balloons Plus)

8.1  AVC supplies Helium gas to Clients by arrangement with BOC

Limited (BOC) a member of the BOC Group ABN: 95 000 029 729. 

BOC Terms and Conditions of Supply (see www.boc.com.au) where

relevant to you the end Client, also apply to all Helium Gas and

Containers supplied by AVC.

8.2  The AVC Invoice price of Helium Gas supplied by AVC will be

determined by AVC at its absolute discretion from time to time and

may change without notice.

8.3  BOC charge a Container Service Fee calculated on a daily basis

for each supplied Container.  This fee will be invoiced to the Client by

AVC together with any relevant surcharge for each Container supplied

– except that AVC may, at its absolute discretion, waive this charge

where containers are held by the Client for only a short period of time.

8.4  All Gas Containers supplied are returnable.  Containers MUST be

returned within 14 DAYS unless by prior arrangement with AVC. 

Containers not returned will be Invoiced by AVC to the Client at the

current BOC Container Replacement Fee plus any associated

collection or service charges.

9. Warranties

9.1  AVC will pass on to the Client any manufacturers warranty

associated with Products or Services sold.

9.2  AVC warrants the Services supplied do not infringe any patents,

trademarks or other intellectual property rights of third parties.

9.3  AVC further warrants that Services will be rendered with due care

and skill and any Equipment supplied is of reasonable quality and fit

for the purpose for which it was designed.

9.4  AVC when supplying Products and or Services will comply with

the provisions of all relevant legislation and the requirements of any

applicable State, Commonwealth or Local authority.

10. Limit of Liability

10.1  Notwithstanding anything contained in these terms of trade to

the contrary, AVC's maximum liability under any Order will not exceed

the aggregate of the purchase monies received by AVC for that order.

10.2  AVC will not be liable (except as required by Law and only then

to the extent the Law requires) to the Client or any other person under

any circumstance for any loss of use, profit, revenue, interest,

goodwill, data, for any injury or death to any person, or for any

indirect, incidental or consequential damages sustained or incurred by

Client, whether such liability arises directly or indirectly as a result of:

the sale, performance or use of any Products or Services; or any

negligent act or omission or willful misconduct of AVC or its employees

or agents; any breach by AVC of its obligations under these Terms or

any relevant Sales Contract.