Artarmon Air Conditioning

Terms & Conditions

Last updated: 9 October 2026

Contents

BASIS OF AGREEMENT
1HOW TO READ THIS AGREEMENT
2ACCEPTANCE
3DURATION OF EACH AGREEMENT
4SERVICES AND QUOTES
5VARIATIONS AND ADDITIONAL WORK
6SUBCONTRACTORS
7CLIENT OBLIGATIONS
8FEES AND PAYMENT
9PRIVACY, PHOTOGRAPHS AND RECORDINGS
10WARRANTIES AND CONSUMER RIGHTS
11LIABILITY
12CANCELLATION AND ENDING THE AGREEMENT
13DISPUTE RESOLUTION
14EVENTS OUTSIDE REASONABLE CONTROL
15COMMUNICATIONS AND NOTICES
16GENERAL
17DEFINITIONS

BASIS OF AGREEMENT

The Service Provider carries on the business of supplying, installing, servicing, maintaining, diagnosing, repairing and relocating air conditioning systems and related equipment.

The Service Provider has agreed to provide the Services to the Client, and the Client has agreed to procure the Services from the Service Provider, in accordance with the relevant Quote and these Terms & Conditions, which together form this agreement.

1HOW TO READ THIS AGREEMENT

1.1AGREEMENT DOCUMENTS

(a)

These Terms & Conditions apply to each Quote issued by the Service Provider and, together with the relevant Quote, form the agreement between the Service Provider and the Client for the Services described in that Quote.

(b)

Where the Client books Services without first receiving a Quote, these Terms & Conditions apply to those Services together with any booking confirmation, written scope, price or other job details provided by the Service Provider.

1.2MEANING OF CAPITALISED WORDS AND PHRASES

Capitalised words and phrases used in these Terms & Conditions have the meaning given to them in the relevant Quote or in the definitions section of these Terms & Conditions.

1.3ORDER OF PRECEDENCE

If there is any inconsistency between a Quote and these Terms & Conditions:

(a)

the Quote will prevail in relation to job-specific matters expressly stated in the Quote, including the scope of Services, Fees, any deposit, timing and other job-specific commercial details;

(b)

these Terms & Conditions will otherwise prevail; and

(c)

any special condition in a Quote will only vary these Terms & Conditions if the Quote expressly states that the special condition is intended to vary these Terms & Conditions.

2ACCEPTANCE

(a)

The Client accepts and agrees to be bound by this agreement when the Client:

(i)

accepts a Quote through ServiceM8 during the validity period stated in the Quote;

(ii)

accepts or approves a Quote by email or other written communication;

(iii)

after being provided with or directed to these Terms & Conditions, instructs or authorises the Service Provider to commence the Services;

(iv)

after being provided with or directed to these Terms & Conditions, pays any deposit or other amount requested in connection with the Services; or

(v)

where Services are booked without a Quote, makes or confirms the booking after being provided with or directed to these Terms & Conditions.

(b)

A person who accepts a Quote, books Services or otherwise instructs the Service Provider on behalf of the Client confirms that they have authority to bind the Client to this agreement, and will be personally liable only if they knowingly misrepresent that authority.

(c)

A Quote lapses when the validity period stated in the Quote expires. If the Client wishes to proceed after expiry, the Service Provider may issue, or require the Client to accept, an updated Quote reflecting current pricing.

3DURATION OF EACH AGREEMENT

(a)

Each agreement commences when it is accepted in accordance with these Terms & Conditions and continues until the Services have been completed and all amounts payable by the Client have been paid, unless it is cancelled or terminated earlier in accordance with this agreement.

(b)

Any provision which by its nature is intended to continue after completion, cancellation or termination of the Services will continue to apply, including provisions relating to outstanding payments, warranties, privacy and liability.

4SERVICES AND QUOTES

4.1PERFORMANCE OF SERVICES

(a)

The Service Provider will perform the Services described in the relevant Quote or, where Services are booked without a Quote, the scope agreed with the Client at the time of booking.

(b)

The scope of the Services is limited to the work expressly described in the relevant Quote or booking. Unless expressly included, the Service Provider is not required to perform any additional, remedial or related work identified while performing the Services.

(c)

The Service Provider may determine the method and sequence in which the Services are performed, subject to the agreed scope and any applicable legal or licensing requirements.

4.2INITIAL DIAGNOSIS AND SERVICE CALLS

(a)

Where the Client books an initial service call or diagnostic attendance, the purpose of that attendance is to investigate and assess the reported issue based on the condition of the air conditioning system and the information reasonably available at the time.

(b)

An initial service call does not guarantee that:

(i)

the cause of a fault will be identified during that attendance;

(ii)

the fault can be repaired during that attendance;

(iii)

any repair will be possible or economically viable; or

(iv)

further investigation, testing, dismantling, specialist work or additional attendances will not be required.

(c)

The applicable Service Call-Out Fee is a flat fee, set out in the relevant Quote, booking confirmation or other pricing information provided by the Service Provider, covering travel to the site and the Initial Diagnosis of one air conditioning system nominated by the Client at the time of booking. The Service Call-Out Fee excludes any labour and materials beyond the Initial Diagnosis. Further Diagnosis may only proceed after the Service Provider has explained to the Client why it is required and its likely cost and obtained the Client’s approval.

(d)

Any Further Diagnosis, repair or other work outside the Initial Diagnosis will be charged separately in accordance with the relevant Quote or an additional Quote approved by the Client, and Further Diagnosis may only proceed in accordance with clause 4.2.

4.3TIMING

(a)

Any date or time given by the Service Provider for attendance, commencement or completion of the Services is an estimate unless the Service Provider expressly agrees otherwise in writing.

(b)

The Service Provider may reasonably change an estimated date or time where required because of circumstances affecting the performance of the Services, including availability of personnel, equipment or parts, site conditions, access restrictions, weather, delays caused by third parties or the discovery of additional work.

(c)

The Service Provider will notify the Client of any material delay as soon as reasonably practicable.

5VARIATIONS AND ADDITIONAL WORK

(a)

If the Client requests work outside the scope of the relevant Quote, or the Service Provider identifies additional work that is reasonably required or recommended, the Service Provider may provide a revised Quote, additional Quote or other written details of the proposed additional work and associated charges.

(b)

The Service Provider is not required to perform additional or varied work unless the Client approves that work and the associated charges.

(c)

Any approved variation or additional work forms part of the Services and is subject to these Terms & Conditions.

(d)

The Service Provider may reasonably adjust any estimated timing for the Services to account for an approved variation or additional work.

(e)

Quotes are based on the site and air conditioning system as reasonably observable when inspected, and if additional faults, damage, deterioration, access issues, concealed or latent conditions not reasonably apparent when quoting (including concealed services, structural members or insulation), or other circumstances are discovered while performing the Services, the Service Provider may suspend the affected part of the Services and propose a variation and additional Fees, but may only proceed after the Client has approved the additional work and Fees.

6SUBCONTRACTORS

(a)

The Service Provider may engage suitably qualified or licensed subcontractors to perform parts of the Services, including licensed electrical contractors where electrical work is required.

(b)

Where the Service Provider engages a subcontractor as part of the Services:

(i)

the Service Provider may coordinate the subcontractor’s work as part of the Services;

(ii)

the Service Provider may pay the subcontractor directly; and

(iii)

the applicable subcontractor costs may be included in the Quote or invoiced to the Client as part of the Fees.

(c)

The Client must provide any subcontractor engaged by the Service Provider with the access, information and cooperation reasonably required for that subcontractor to perform the relevant work.

7CLIENT OBLIGATIONS

7.1INFORMATION AND COOPERATION

The Client must:

(a)

provide the Service Provider with complete and accurate information reasonably required to perform the Services;

(b)

tell the Service Provider about any known faults, damage, irregularities or relevant history affecting the air conditioning system or site;

(c)

provide any information reasonably required about the location, configuration or operation of the relevant equipment; and

(d)

provide reasonable cooperation and assistance required for the Service Provider to perform the Services.

7.2SITE ACCESS

(a)

The Client must provide the Service Provider and its Personnel with safe, clear and timely access to the site and to all areas, equipment and components reasonably required to perform the Services.

(b)

The Client is responsible for arranging any keys, access codes, building management access, permits or other access requirements before the relevant attendance. If the Service Provider is required to collect a key, the Client must give adequate advance notice and the Service Provider may treat the collection as additional work and charge the key collection fee disclosed to the Client before the attendance. If adequate advance notice is not given, the Service Provider may elect to collect the key and charge the disclosed key collection fee or reschedule the appointment.

(c)

If access is unavailable, restricted or unsafe:

(i)

the Service Provider may be unable to perform some or all of the Services;

(ii)

the Service Provider may reschedule or discontinue the affected attendance; and

(iii)

the Client remains liable for any attendance fee disclosed before the attendance and any reasonable additional costs actually incurred because of the access issue, except to the extent the access issue was caused or contributed to by the Service Provider.

7.3SITE PREPARATION AND SAFETY

(a)

Before the Service Provider attends the site, the Client must remove or secure any furniture, appliances, personal items, electronics and other belongings or obstructions that may prevent safe and reasonable access to the work area.

(b)

The Service Provider and its Personnel are not required to move or handle furniture, appliances or belongings and are not responsible for items left in the work area or for loss, damage or injury caused when the Client or another person moves or handles them, except to the extent caused by the Service Provider’s failure to take reasonable care. If the work area has not been cleared, the Service Provider may wait for it to be cleared, reschedule the attendance or charge the Client reasonable lost-time costs disclosed to the Client before they are incurred.

(c)

The Client must tell the Service Provider about any known hazard at the site that may affect the performance of the Services.

(d)

The Service Provider may suspend or refuse to commence any work where it reasonably considers the site or relevant work area to be unsafe.

(e)

Where the Services require power to be temporarily disconnected, the Client is responsible for shutting down or otherwise protecting sensitive equipment before the work commences.

7.4APPROVALS

(a)

Unless expressly included in the Quote, the Client is responsible for obtaining any council, strata, owners corporation, building management, landlord or other approval required for the Services before the Services commence.

(b)

The Client must provide evidence of any required approval if reasonably requested by the Service Provider.

(c)

The Service Provider is not responsible for delays, additional costs or inability to perform the Services caused by the Client’s failure to obtain a required approval.

7.5ASBESTOS AND HAZARDOUS MATERIALS

(a)

The Services do not include the identification, disturbance, removal or disposal of asbestos or other hazardous materials unless expressly agreed in writing and the Service Provider is lawfully permitted to perform that work.

(b)

If asbestos or another hazardous material is suspected or identified, the Service Provider may immediately stop the affected work until the site has been assessed and made safe by an appropriately qualified person.

(c)

Any resulting delay and any reasonable additional cost incurred by the Service Provider will be the Client’s responsibility, except to the extent caused by the Service Provider.

7.6COMPLIANCE WITH LAW

8.5OVERDUE AMOUNTS

(a)

If an amount is not paid when due, the Service Provider may give the Client notice requiring payment of the overdue amount.

(b)

If the overdue amount remains unpaid for at least 7 days after that notice, the Service Provider may:

(i)

suspend any Services that have not yet been performed until all overdue amounts are paid;

(ii)

charge interest on the overdue amount at a rate equal to 2% per annum above the Reserve Bank of Australia cash rate target, calculated daily from the due date until payment; and

(iii)

recover from the Client reasonable costs actually incurred in recovering the overdue amount.

(c)

Suspension of Services for non-payment does not affect the Client’s obligation to pay amounts already due or any reasonable additional costs caused by the suspension.

8.6THIRD PARTY COSTS, PARTS AND MATERIALS

(a)

The Fees may include the cost of parts, equipment, materials and third party services required to perform the Services, including services performed by subcontractors engaged by the Service Provider.

(b)

Where an additional third party cost, part, equipment item or material is required that was not included in the original Quote, the Service Provider will obtain the Client’s approval before incurring that additional cost unless the Client has already approved that cost as part of a variation or additional work.

(c)

Where the Service Provider engages and pays a subcontractor, including a licensed electrical contractor, the Service Provider may include the applicable subcontractor cost in the amount invoiced to the Client.

(d)

To the extent permitted by law, title to parts and equipment supplied by the Service Provider remains with the Service Provider until all amounts owing for those parts and equipment are paid in full, but risk in those parts and equipment passes to the Client when they are installed or otherwise supplied to the Client.

8.7GST

(a)

Unless the Quote expressly states otherwise, the Fees are inclusive of GST.

(b)

If an amount payable under this agreement is stated to be exclusive of GST, the Client must pay the applicable GST in addition to that amount upon receipt of a valid tax invoice.

9PRIVACY, PHOTOGRAPHS AND RECORDINGS

9.1PRIVACY

(a)

The Service Provider may collect, use, store and disclose personal information in connection with quoting, booking, performing and administering the Services.

(b)

The Service Provider will handle personal information in accordance with its Privacy Policy made available to the Client, and any subsequent change to that policy will not materially reduce the Client’s privacy protections in relation to personal information already collected without the Client’s consent, except where required by law.

(c)

The Client acknowledges that the Service Provider may use third party service providers, software platforms and technology tools in connection with the Services as described in the Privacy Policy.

(d)

The Client must ensure that it is authorised to provide the Service Provider with any personal information relating to another person, including a tenant, occupant, property owner, employee or building contact, that the Client provides in connection with the Services.

9.2PHOTOGRAPHS AND RECORDINGS

(a)

The Client consents to the Service Provider taking photographs and video recordings at the site in connection with the Services, including photographs and recordings of air conditioning equipment, faults, work performed and relevant work areas.

(b)

The Service Provider may use those photographs and recordings for:

(i)

job records and service history;

(ii)

quoting, reporting and documenting the Services;

(iii)

warranty, technical and training purposes;

(iv)

evidencing the condition of equipment or the work area before, during or after the Services; and

(v)

marketing and promotional purposes, but only with the Client’s separate express consent.

(c)

When using photographs or recordings for marketing or promotional purposes, the Service Provider will take reasonable steps not to publish the Client’s name, address, access details, documents or other identifying personal information, or identifiable images of individuals, unless the Client has separately agreed to that use.

(d)

The Client may withdraw its consent before publication to a particular photograph or recording being used for marketing or promotional purposes, but this does not prevent the Service Provider retaining or using that material for legitimate job records, service, warranty, legal or regulatory purposes to the extent permitted by applicable law.

10WARRANTIES AND CONSUMER RIGHTS

10.1AUSTRALIAN CONSUMER LAW

(a)

Nothing in this agreement excludes, restricts or modifies any consumer guarantee, right, remedy or other protection under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. Where the Services constitute residential building work or other work subject to mandatory contracting, disclosure or documentation requirements under applicable law, these Terms & Conditions operate subject to those requirements. Nothing in these Terms & Conditions excludes, restricts or modifies any mandatory requirement that cannot lawfully be excluded, restricted or modified.

(b)

Any express warranty provided by the Service Provider is in addition to, and does not limit, any rights or remedies the Client may have under the Australian Consumer Law.

(c)

Subject to clauses 10.1(a) and 10.1(b), and to the maximum extent permitted by law, all representations and warranties that are not expressly stated in this agreement or the relevant Quote are excluded, but this exclusion does not apply to any representation relied on by the Client where excluding it would contravene the Australian Consumer Law.

10.2WORKMANSHIP WARRANTIES

(a)

The Service Provider warrants all workmanship performed by it for 5 years from completion of the relevant work, subject to the exclusions in this clause and any rights or remedies that cannot lawfully be excluded, restricted or modified. This warranty against defects is given by Ned Bosenberg trading as Artarmon Air Conditioning, ABN 97 428 546 340, of 6 Shepherd Road, Artarmon, NSW, AU, telephone 0430 517 009, email info@artarmonair.com.au (Warrantor).

(b)

To make a claim, the Client must contact the Warrantor using those contact details within the 5-year warranty period, describe the alleged defect and provide reasonable evidence of the Services and defect, and allow the Warrantor a reasonable opportunity to inspect and rectify the workmanship. The Warrantor will bear the Client’s reasonable expenses of making a valid claim under this warranty and will reimburse those expenses upon receipt of reasonable supporting evidence. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

(c)

The workmanship warranty applies only to workmanship actually performed by the Service Provider and does not extend to the following matters, except to the extent that the matter was caused or contributed to by defective workmanship or the Service Provider’s failure to exercise due care and skill:

(i)

pre-existing faults, damage, deterioration, corrosion or other conditions;

(ii)

faults or failures that are unrelated to the Services performed;

(iii)

normal wear and tear, ageing or deterioration of an air conditioning system or its components;

(iv)

damage or failure caused by misuse, neglect, inadequate maintenance, environmental conditions, vermin, power supply issues or other external causes;

(v)

work, modifications or interference by the Client or another person after completion of the Services;

(vi)

defects in goods, equipment or components that were not caused by the Service Provider’s workmanship; or

(vii)

any other matter expressly excluded from the workmanship warranty in the relevant Quote, provided that the exclusion is reasonably necessary, clearly disclosed before the Quote is accepted and does not exclude any right or remedy under applicable law.

10.3EQUIPMENT NOT SUPPLIED BY THE SERVICE PROVIDER

(a)

Where any air conditioning unit, equipment, component, goods or materials are not supplied by the Service Provider, including where supplied by the Client or any third party, the Service Provider does not provide any express warranty as to their quality, condition, performance, suitability, compatibility, durability or freedom from defects.

(b)

Any express workmanship warranty provided by the Service Provider in relation to any air conditioning unit, equipment, component, goods or materials not supplied by the Service Provider applies only to the workmanship actually performed by the Service Provider, and the Service Provider does not warrant the equipment, component, goods or materials themselves.

(c)

The Client is responsible for ensuring that any air conditioning unit, equipment, component, goods or materials not supplied by the Service Provider are suitable for their intended purpose and compatible with the site and existing systems, except to the extent the Service Provider has expressly agreed in writing to assess or advise on that suitability or compatibility.

10.4MANUFACTURER WARRANTIES

(a)

Goods or equipment supplied by the Service Provider may also be covered by a manufacturer’s warranty on the manufacturer’s terms.

(b)

Any manufacturer’s warranty is separate from any workmanship warranty provided by the Service Provider and does not limit any rights or remedies the Client may have against the Service Provider under applicable law.

10.5PRE-EXISTING AND UNRELATED CONDITIONS

(a)

The Client acknowledges that air conditioning systems may contain pre-existing, concealed or unrelated faults or deterioration that are not reasonably apparent before the Services commence. Plastic covers, louvres, fan parts and similar aged or brittle components may fail during reasonable removal, cleaning or repair, and the Service Provider is not responsible for that failure except to the extent it results from the Service Provider’s failure to take reasonable care.

(b)

Unless caused by the Service Provider’s failure to take reasonable care or to comply with this agreement or applicable law, the Service Provider is not responsible for pre-existing deterioration or weakness in the property or roof space, including older fibrous plaster or lath-and-plaster ceilings and aged straps or fixings, or for a pre-existing or unrelated fault merely because it is identified during, or becomes apparent following, the Services.

(c)

Each repair covers the fault identified in the relevant Quote, and other faults may only become apparent after that repair has been completed. Completion of the quoted repair does not guarantee that the system will operate if a separate fault prevents operation, and the agreed Fees for the completed repair remain payable despite that separate fault. Any Further Diagnosis or repair of a separate fault must be separately quoted and approved by the Client before it proceeds.

11LIABILITY

11.1APPLICATION OF THIS CLAUSE

Nothing in this clause excludes, restricts or limits any liability, right or remedy to the extent that it cannot lawfully be excluded, restricted or limited.

11.2LIMITATION OF LIABILITY

(a)

Subject to applicable law, and only to the extent the limitation is fair and reasonable in the circumstances, the total aggregate liability of the Service Provider arising out of or in connection with particular Services, whether in contract, tort including negligence, statute or otherwise, is limited to the greater of the Fees paid or payable by the Client for the particular Services giving rise to the claim and the reasonable cost of having those Services supplied again.

(b)

The limitation above does not apply to liability arising from:

(i)

fraud, wilful misconduct or gross negligence by the Service Provider; or

(ii)

personal injury or death to the extent caused by the Service Provider and to the extent that liability cannot lawfully be limited.

11.3CONSEQUENTIAL LOSS

To the maximum extent permitted by law, the Service Provider is not liable for any indirect, incidental, special or consequential loss arising out of or in connection with this agreement or the Services, including loss of profit, revenue, business opportunity, anticipated savings or goodwill, except to the extent that the loss was reasonably foreseeable and caused by the Service Provider’s breach, negligence, fraud or wilful misconduct.

11.4CLIENT AND THIRD PARTY CAUSES

To the extent permitted by law, the Service Provider is not liable for loss or damage to the extent caused or contributed to by:

(a)

inaccurate, incomplete or misleading information provided by the Client or another person on the Client’s behalf;

(b)

the Client’s failure to comply with its obligations under this agreement;

(c)

unsafe, inaccessible or unsuitable site conditions that were not caused by the Service Provider;

(d)

the Client’s failure to obtain a required approval;

(e)

a pre-existing condition or fault;

(f)

a defect in equipment or materials not supplied by the Service Provider, except to the extent the loss or damage was caused or contributed to by the Service Provider’s workmanship, advice or failure to exercise due care and skill;

(g)

work or interference by a third party that was not engaged or controlled by the Service Provider;

(h)

a defect in equipment or goods that was not caused by the Service Provider; or

(i)

an event or circumstance outside the Service Provider’s reasonable control.

12CANCELLATION AND ENDING THE AGREEMENT

12.1CANCELLATION BY THE CLIENT

(a)

The Client may cancel a booked attendance by notifying the Service Provider.

(b)

If the Client cancels a booked attendance less than 24 hours before the scheduled attendance time, the Client must pay the cancellation fee disclosed to the Client at or before the time of booking, including in a booking confirmation, limited to the Service Provider’s reasonable estimate of the loss and costs likely to result from the late cancellation.

(c)

The cancellation fee does not apply where the Client is exercising a right to cancel or obtain a remedy under the Australian Consumer Law or another right that cannot lawfully be excluded.

(d)

If the Client cancels after the Service Provider has commenced the Services, ordered parts or equipment, engaged a subcontractor or otherwise incurred costs specifically for the Client’s Services, the Client must pay:

(i)

the Fees for Services performed up to the time of cancellation;

(ii)

any reasonable and non-recoverable costs incurred by the Service Provider in connection with the Services, including applicable restocking or third party charges; and

(iii)

any other amount that has become payable under this agreement.

(e)

Any deposit held by the Service Provider may be applied towards amounts properly payable under this clause, and any balance remaining after those amounts have been deducted must be refunded to the Client.

12.2SUSPENSION OR CANCELLATION BY THE SERVICE PROVIDER

(a)

The Service Provider may suspend, reschedule or decline to continue the Services where:

(i)

the Client has failed to pay an overdue amount within 7 days after notice under clause 8.5;

(ii)

the Service Provider does not have safe or adequate access to the site or equipment;

(iii)

a required approval, permission or authority has not been obtained;

(iv)

the Service Provider reasonably considers that continuing the Services would be unsafe or unlawful;

(v)

the Client materially breaches this agreement and, where the breach is capable of being remedied, does not remedy it within a reasonable period after being asked to do so; or

(vi)

a circumstance outside the Service Provider’s reasonable control prevents the Services from being performed.

(b)

Where the Service Provider ends the agreement because of a matter caused by the Client, the Client must pay for Services already performed and reasonable costs properly incurred for the Client before the agreement ends.

(c)

Where the Service Provider cancels Services for reasons that are not caused by the Client and the Services will not be rescheduled, the Service Provider will refund any amount paid for Services that will not be provided, subject to any rights the Service Provider has under applicable law.

12.3EFFECT OF CANCELLATION

(a)

Cancellation or termination of an agreement does not affect any right, liability or payment obligation that accrued before the agreement ended.

(b)

Any provision that by its nature is intended to continue after the agreement ends will continue, including provisions concerning outstanding payments, warranties, privacy and liability.

13DISPUTE RESOLUTION

(a)

If a dispute arises in connection with this agreement or the Services, either party may give the other party written notice describing the dispute and the outcome sought.

(b)

The parties must make reasonable efforts to resolve the dispute directly and in good faith.

(c)

If the dispute is not resolved directly, the parties may agree to refer the dispute to mediation or another alternative dispute resolution process before commencing court proceedings.

(d)

Nothing in this clause:

(i)

prevents either party from seeking urgent interlocutory or injunctive relief;

(ii)

prevents the Client from exercising any right or remedy available under the Australian Consumer Law or another applicable law; or

(iii)

requires either party to participate in mediation or arbitration unless the parties agree to do so.

14EVENTS OUTSIDE REASONABLE CONTROL

(a)

The Service Provider is not responsible for any delay, suspension, rescheduling or failure to perform the Services to the extent caused by an event or circumstance outside its reasonable control, including:

(i)

severe weather, storm, flood, fire, natural disaster or other emergency;

(ii)

strike, industrial action, war, terrorism, civil disturbance, epidemic or pandemic;

(iii)

an act, order or restriction of a government, regulator, utility provider, strata manager, building manager or other relevant authority;

(iv)

interruption or failure of electricity, telecommunications or other essential services;

(v)

delay, shortage, discontinuation or unavailability of equipment, parts, refrigerant, materials or other supplies that the Service Provider could not reasonably avoid;

(vi)

delay or failure by a manufacturer, supplier, carrier, subcontractor or other third party that the Service Provider could not reasonably avoid; or

(vii)

inability to safely access or perform work at the site because of circumstances outside the Service Provider’s reasonable control.

(b)

If an event outside the Service Provider’s reasonable control affects the Services, the Service Provider may suspend, reschedule or adjust the affected Services for so long as reasonably necessary and will notify the Client as soon as reasonably practicable.

(c)

The Service Provider will take reasonable steps to minimise the effect of the event and resume the affected Services when reasonably practicable.

(d)

If the event prevents the Services from being performed within a reasonable period, either party may cancel the affected Services by giving notice to the other party.

(e)

If affected Services are cancelled under this clause, the Client must pay for Services already performed and any reasonable non-recoverable costs properly incurred by the Service Provider for the Client before cancellation, and the Service Provider will refund any remaining amount paid for Services that will not be provided.

(f)

Nothing in this clause excuses the Client from paying an amount that became due before the relevant event occurred.

15COMMUNICATIONS AND NOTICES

(a)

The Client authorises the Service Provider to communicate with the Client in connection with the Services by email, telephone, SMS, ServiceM8 or any other communication method ordinarily used between the parties.

(b)

The Client must ensure that the contact details provided to the Service Provider are accurate and must notify the Service Provider of any material change to those details.

(c)

A notice required under this agreement may be sent by email to:

(i)

the email address stated in the relevant Quote or booking details; or

(ii)

if no email address is stated there, the email address most recently used by the recipient to communicate with the sender in relation to the Services.

(d)

Where the Client consists of two or more persons, each person is jointly and severally responsible for the Client’s obligations under this agreement.

16.6ASSIGNMENT

(a)

The Client must not assign or transfer its rights or obligations under this agreement without the Service Provider’s prior written consent, which must not be unreasonably withheld.

(b)

The Service Provider may assign or transfer this agreement as part of a sale, transfer or restructure of its business by giving the Client reasonable prior notice, provided that doing so does not materially reduce the Client’s rights or increase the Client’s obligations under this agreement.

16.7ENTIRE AGREEMENT

(a)

Subject to any rights that cannot lawfully be excluded, the relevant Quote or booking details and these Terms & Conditions constitute the entire agreement between the parties concerning the relevant Services and supersede any prior discussion, negotiation or understanding concerning those Services.

(b)

Nothing in this clause excludes liability for fraud, misleading or deceptive conduct or any other liability that cannot lawfully be excluded.

16.8INTERPRETATION

Unless the context requires otherwise:

(a)

words in the singular include the plural and vice versa;

(b)

a reference to a person includes an individual, company, partnership, trust, association, government body and other legal entity;

(c)

a reference to a party includes its permitted successors and assigns;

(d)

a reference to a document includes that document as validly amended or replaced from time to time;

(e)

the words include, including and similar expressions are not words of limitation;

(f)

headings are for convenience only and do not affect interpretation;

(g)

a reference to legislation includes any amendment, replacement or subordinate legislation made under it; and

(h)

a reference to dollars or $ is a reference to Australian dollars.

17DEFINITIONS

In these terms and conditions, the following words and phrases have the following meaning:

Client: means the person or entity identified as the client or customer in the relevant Quote or booking details.
Quote: means a quote, proposal, estimate or other written document issued by the Service Provider setting out the relevant Services, Fees and any other job-specific terms or details.
Fees: means the amounts specified in the relevant Quote or booking details, together with any other amounts payable by the Client under this agreement.
Further Diagnosis: means diagnostic work beyond the Initial Diagnosis, including further investigation, testing, dismantling, specialist work or an additional attendance, which may only proceed after the Service Provider has explained why it is required and its likely cost and obtained the Client’s approval.
Initial Diagnosis: means the diagnostic assessment of one air conditioning system nominated by the Client at the time of booking, undertaken to investigate and assess the reported issue based on the condition of that system and the information reasonably available. The Initial Diagnosis is complete when the Service Provider has identified the cause of the fault, or has determined, acting reasonably, that Further Diagnosis is required.
Service Provider: means the legal entity carrying on the Artarmon Air Conditioning business and identified in the relevant Quote.
Personnel: means employees, secondees, agents and subcontractors (who are individuals), including employees and contractors (who are individuals) of subcontractors.
Service Call-Out Fee: means the flat fee specified in the relevant Quote, booking confirmation or other pricing information provided by the Service Provider covering travel to the site and the Initial Diagnosis of one air conditioning system nominated by the Client at the time of booking. The Service Call-Out Fee excludes any labour and materials beyond the Initial Diagnosis and does not guarantee that the relevant fault, issue or required repair will be diagnosed or identified. A separate Service Call-Out Fee applies to each new issue, but not to a return attendance for the same issue or an attendance for a valid warranty claim.
Services: means the services described in the relevant Quote or, where Services are booked without a Quote, the services agreed with the Client at the time of booking, including any approved variations or additional work.

Terms & Conditions

BASIS OF AGREEMENT

1HOW TO READ THIS AGREEMENT

1.1AGREEMENT DOCUMENTS

1.2MEANING OF CAPITALISED WORDS AND PHRASES

1.3ORDER OF PRECEDENCE

2ACCEPTANCE

3DURATION OF EACH AGREEMENT

4SERVICES AND QUOTES

4.1PERFORMANCE OF SERVICES

4.2INITIAL DIAGNOSIS AND SERVICE CALLS

4.3TIMING

5VARIATIONS AND ADDITIONAL WORK

6SUBCONTRACTORS

7CLIENT OBLIGATIONS

7.1INFORMATION AND COOPERATION

7.2SITE ACCESS

7.3SITE PREPARATION AND SAFETY

7.4APPROVALS

7.5ASBESTOS AND HAZARDOUS MATERIALS

7.6COMPLIANCE WITH LAW

8FEES AND PAYMENT

8.1FEES

8.2DEPOSITS

8.3INVOICES AND PAYMENT

8.4REAL ESTATE AGENTS AND PROPERTY MANAGERS

8.5OVERDUE AMOUNTS

8.6THIRD PARTY COSTS, PARTS AND MATERIALS

8.7GST

9PRIVACY, PHOTOGRAPHS AND RECORDINGS

9.1PRIVACY

9.2PHOTOGRAPHS AND RECORDINGS

10WARRANTIES AND CONSUMER RIGHTS

10.1AUSTRALIAN CONSUMER LAW

10.2WORKMANSHIP WARRANTIES

10.3EQUIPMENT NOT SUPPLIED BY THE SERVICE PROVIDER

10.4MANUFACTURER WARRANTIES

10.5PRE-EXISTING AND UNRELATED CONDITIONS

11LIABILITY

11.1APPLICATION OF THIS CLAUSE

11.2LIMITATION OF LIABILITY

11.3CONSEQUENTIAL LOSS

11.4CLIENT AND THIRD PARTY CAUSES

12CANCELLATION AND ENDING THE AGREEMENT

12.1CANCELLATION BY THE CLIENT

12.2SUSPENSION OR CANCELLATION BY THE SERVICE PROVIDER

12.3EFFECT OF CANCELLATION

13DISPUTE RESOLUTION

14EVENTS OUTSIDE REASONABLE CONTROL

15COMMUNICATIONS AND NOTICES

16GENERAL

16.1GOVERNING LAW AND JURISDICTION

16.2AMENDMENTS

16.3WAIVER

16.4SEVERABILITY

16.5JOINT AND SEVERAL LIABILITY

16.6ASSIGNMENT

16.7ENTIRE AGREEMENT

16.8INTERPRETATION

17DEFINITIONS

We repair and maintainall major air conditioning brands

We repair and maintain
all major air conditioning brands