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Breezy AC

(02) 9174 5373

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    • Home
    • Contact Us
    • Installation Packages
      • Ducted Prices
      • Split System Packages
    • Installations
      • Split system Installs
      • Ducted Installs
      • Multi Split Installs
      • Gallery
    • Service
    • Repairs
    • Service Areas
    • Blog
    • Warriewood Air Condition
    • NSW Government Rebate

(02) 9174 5373

Breezy AC
  • Home
  • Contact Us
  • Installation Packages
    • Ducted Prices
    • Split System Packages
  • Installations
    • Split system Installs
    • Ducted Installs
    • Multi Split Installs
    • Gallery
  • Service
  • Repairs
  • Service Areas
  • Blog
  • Warriewood Air Condition
  • NSW Government Rebate

Terms and Conditions

 

Terms and Conditions of Trade

1. Formation of Contract 

1.1. Acceptance of a quotation issued by Breezy Air Conditioning Pty Ltd (“the Company”) constitutes a binding agreement between the Company and the client (“the Client”).
1.2. Upon acceptance, the quotation together with these Terms and Conditions shall form the entire contract between the parties.
1.3. Any amendments or variations must be agreed to in writing and signed by both parties.
(Ref: Australian Contract Law – Offer and Acceptance Principles)

2. Retention of Title (Ownership of Equipment)

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. Liability and Limitation

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:

  • Consequential, indirect, or special loss or damage;
     
  • Damage to property occurring after commissioning;
     
  • Loss of profits, business interruption, or other economic loss.
    3.3. Nothing in these Terms excludes or limits the Client’s rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
    (Ref: ACL ss. 60–64 – Guarantees as to Due Care and Skill)
     

4. Installation During Construction

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. Maintenance and Servicing

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)

6. Client Responsibilities

The Client acknowledges that the following shall be their responsibility:

  • Cleaning and replacement of air filters and drains;
     
  • Resetting or replacing blown fuses;
     
  • Removal of obstructions in condenser or evaporator coils;
     
  • Correct operation and settings of controls.
     

(Ref: Contract Law – Allocation of Risk Clauses)

7. Service Calls and Misuse

7.1. If the Company attends a service call and determines that:

  • The equipment is operating within normal parameters;
     
  • The fault arises due to misuse, negligence, or lack of proper maintenance; or
     
  • The system has not been maintained by a qualified air conditioning technician;
    then the Client shall pay all associated labour, materials, and call-out charges.
    (Ref: Contract Law – Quantum Meruit for Services Rendered)
     

8. Warranty Terms

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:

  • Incorrect voltage or power surges;
     
  • Vandalism, flood, fire, or lightning;
     
  • Alterations or modifications by unauthorised persons.
    8.4. The Company’s liability under warranty is limited, at its option, to repair, replacement, or refund as permitted under the Australian Consumer Law.
    (Ref: ACL s. 64A – Limitation of Remedies Clause)
     

9. Council, Planning, and Compliance

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. Electrical Work

10.1. The Company shall not be responsible for:

  • Pre-existing electrical installations;
     
  • Hidden or unforeseen aerial/underground mains issues; or
     
  • Electrical upgrades from street mains to the switchboard,
    unless specifically stated in writing within the quotation.
    10.2. All additional electrical work required to comply with Australian Standards (AS/NZS 3000:2018) shall be at the Client’s expense.
    (Ref: Electrical Safety Act 2002 (Qld) / Equivalent State Legislation)
     

11. Structural and Aesthetic Limitations

11.1. The Company shall not be liable for:

  • Boxing in or carpentry work;
     
  • Structural alterations or “making good”;
     
  • Unavoidable ceiling or wall blemishes caused by installation or building movement.
    11.2. All reasonable care will be taken to avoid such occurrences.
    (Ref: Contract Law – Reasonable Care and Skill Obligation)
     

12. Ceiling and Roof Access Disclaimer

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. Entire Agreement

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. Governing Law

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)

15. Acceptance of Terms

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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