2.1. All equipment, materials, and components supplied or installed by the Company shall remain the property of Breezy Air Conditioning Pty Ltd until payment has been received in full.
2.2. The Company reserves the right to enter the Client’s premises to recover any unpaid equipment or materials without liability for damage or trespass, to the extent permitted by law.
(Ref: Personal Property Securities Act 2009 (Cth) – PPSA Retention of Title Clauses)
3.1. The Company warrants that all works will be carried out with due care and skill and in accordance with relevant industry standards.
3.2. To the maximum extent permitted by law, the Company shall not be liable for:
4.1. Where installation occurs during building construction, the Client must ensure adequate access and space for service and maintenance.
4.2. Any additional costs incurred due to restricted access, structural interference, or site conditions not disclosed at the time of quotation shall be borne by the Client.
(Ref: Implied Duty of Cooperation – Contract Law Principle)
5.1. Ongoing maintenance of installed systems (including filters, drains, coils, and controls) is the sole responsibility of the Client.
5.2. Water damage, repainting, or cosmetic repair is expressly excluded from warranty coverage.
5.3. Failure to maintain the system in accordance with manufacturer recommendations may void warranty rights.
(Ref: ACL s. 64A – Warranties Against Defects)
The Client acknowledges that the following shall be their responsibility:
(Ref: Contract Law – Allocation of Risk Clauses)
7.1. If the Company attends a service call and determines that:
8.1. Warranty service will be carried out during normal business hours (Monday–Friday).
8.2. Work requested outside these hours will incur “out-of-hours” charges.
8.3. Warranty does not apply to damage caused by factors beyond the Company’s control, including but not limited to:
9.1. It is the Client’s responsibility to determine and obtain any required council or planning approvals for installation of external air conditioning units.
9.2. The Company may assist by providing plans or documentation upon request but accepts no liability for non-compliance.
(Ref: Building Code of Australia – Client’s Statutory Responsibilities)
10.1. The Company shall not be responsible for:
11.1. The Company shall not be liable for:
12.1. The Client acknowledges that when accessing roof spaces or ceilings, movement of modern truss systems may cause minor cosmetic cracking or displacement of gyprock.
12.2. Breezy Air Conditioning Pty Ltd will exercise due care but is not responsible for any such cosmetic defects.
(Ref: Contract Law – Limitation of Liability Clauses)
13.1. These Terms and Conditions constitute the entire agreement between the parties and supersede all prior representations, negotiations, and communications.
13.2. No waiver, modification, or variation shall be binding unless made in writing and signed by both parties.
(Ref: Contract Law – Entire Agreement Clauses)
14.1. This Agreement shall be governed by and construed in accordance with the laws of the State of [insert applicable State or Territory, e.g., New South Wales], Australia.
14.2. The parties submit to the exclusive jurisdiction of the courts of that State.
(Ref: Jurisdiction Clauses in Commercial Contracts)
By accepting the quotation, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.
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