Delmar Air Conditioning Pty Ltd - ACN 002 835 976 - Contractors Lic No. 19849C and

Delmar Services Pty Ltd - ACN 121 937 479 - Contractors Lic No. 262091C

For the purpose of this document the above companies are referred to as “The Companies”

 

Terms and Conditions

 

These Terms and Conditions are to be read in conjunction with the specific job conditions outlined in the quotation. Together, both documents apply to all contracts for the sale of goods and/or services by “The Companies”.

Upon acceptance of the quotation, oral, written or otherwise the work detail/s as provided becomes a contract and confirms the Customer understands and accepts the Terms and Conditions.

 

No variation to these conditions will be accepted by “The Companies” unless agreed to in writing by an authorised employee.

Payment

The Customer agrees to pay fully for the equipment, materials, installation and or service and to meet the payment terms as specified in the quotation. All product and services are supplied on a COD basis unless otherwise agreed to a maximum of net 30 (thirty) days from the date of invoice.

Failure to meet with the agreed terms will see works cease and will not recommence until all outstanding payments have been received. “The Companies” accept no responsibility for delays which may occur from this action.

“The Companies” reserve the right to apply a default charge on the overdue payment/s equal to the Westpac Bank’s overdraft rate at the time the payment fell due.

Quotation

A Quotation provided by “The Companies” is a mere invitation to treat and does not constitute a contractual offer. Quotations are set for 30 (thirty) days from the quotation date after which time the quote may be revised. “The Companies“ may withdraw a quotation at any time.

All designs are based on a requirement for Comfort Conditioning and are not designed to address any Development Application, Construction Certificate or Building Code of Australia conditions with regard to ventilation and or set temperatures.

This Company cannot accept responsibility for State or Local Authorities requests for installation submissions and fees, acoustical testing and/or treatment and BASIX compliance. Should any of this work be required, extra costs incurred will be additional to the contract sum.

 

With regards to the air conditioning, the customer is responsible for ensuring the proposed installation meets with requirements of a Body Corporate, Local Council or Statutory body having jurisdiction over the site.

 

Once work has commenced, changes and variations to the accepted proposal may be charged for by “The Companies”.

Warranty

Warranty service is available Monday to Friday 8:00AM to 4:00PM (excludes public holidays), warranty requested outside these hours will be chargeable at the prevailing rate.

Warranty service does not include calls as a result of a dirty filter, blocked drain, user misuse/incorrect control settings, fair wear and tear, variation or interruption of electrical supply and components.

Warranty on new air conditioning units and new parts is covered by the terms and conditions of the “Manufacturer’s Warranty”.

Installation work carried out by Delmar Air Conditioning Pty Ltd for workmanship, ductwork and associated fittings is covered by a 12 (twelve) month warranty for repair or replacement.

 

All warranties take effect from the date of start-up, practical completion, or commissioning, whichever occurs first.

 

Service labour provided by Delmar Services Pty Ltd is covered by a 90 (ninety) day warranty for the initial service work carried out.

 

Service warranty takes effect from the date of the completion of the related service work.

 

Service Access is required to all components within the Air Conditioning installation, this will be clearly stated in the “EXCLUSION” section of the quotation. For varying reasons on occasions at the time of installation access as requested is not provided.

Preparation, repair, patching, painting, hoisting and cranage required for access to service the equipment is to be carried out by and at the cost of those requesting the service.

 

Delivery and Risk

 

Equipment availability is solely the responsibility of the manufacturers and wholesalers. Whilst every effort will be made to meet installation schedules “The Companies” do not accept liquidated damages and any liability for delays beyond their control.

Risk in the goods passes to the customer on the delivery of goods to site.

Retention

The purchaser is not entitled to retain any monies to observe or guarantee operation of the air conditioning plant or services provided unless agreed to in writing by “The Companies”.

Title of Goods

The title of all goods supplied and or installed remains the property of “The Companies” until all payments in relation to the contract and these Terms and Conditions have been paid.

If default on payment occurs without notice “The Companies” shall be entitled to enter the land and premises under the control of the Customer where the goods have been supplied, installed or stored to recover the goods without liability for trespass.

“The Companies” may recover the goods and resell as required.

 

Standard Exclusions

Together with those exclusions specifically detailed in the quotation, “The Companies” do not cover or provide the following products and services.

  1. Provision of adequate site and service access. (Access panels, if required.)

  2. Building works, together with penetrations, cutting, chasing and patching, etc.

  3. Boxing in of exposed ductwork and/or refrigerant lines.

  4. Painting

  5. Provision of adequate single or three phase power to the building switchboard, modifications to the switchboard.

  6. Provision of adequate single or three phase power terminating in a weatherproof isolation switch located beside the condenser.

  7. Condensate drain lines to the equipment.

  8. Damages/repairs as a result of a condensate pump failure.

  9. Penetrations to or removal of asbestos. If asbestos is found on site, works will cease, and quote/s to remove or remedy will be sort on behalf of the customer.

  10. Council submission and/or submission costs, if required.

 

Indemnity

The Customer will indemnify “The Companies” against liability, loss or damage sustained by “The Companies” as a result of any breach, act or omission arising directly or indirectly from any breach of these Terms and Conditions by the Customer or its representatives.

These Terms and Conditions form part of the contract between the Customer and “The Companies” and may only be varied by a written agreement between the parties.