TERMS & CONDITIONS

1. PRICE AND INVOICING: Price is based on total price quoted and includes only those goods and services stated in the quote.

1.1. You agree to pay us the amounts set out in our Quote, including any Deposit required. All amounts are stated in Australian dollars (AUD). All amounts exclude Australian GST (where applicable) unless otherwise stated.

1.2. You agree to pay our Invoices by the due date. If you do not pay by the due date (including any other services we have provided to you), we may cease to provide the Services to you until we receive payment.

1.3. We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the due date.

1.4. If invoices are unpaid after the due date, we have the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to us.

1.5. We reserve the right to report bad debts to independent credit data agencies.

2. DEPOSIT: If the quote indicates that we require a deposit, we will not commence performing the services until you have paid the Deposit or the first instalment of our Fee.

3. PROGESS PAYMENTS: The client acknowledges that progress payments may be required. We reserve the right to issue invoices for progress payments as the works reach reasonable stages of completion, with each instalment reflecting the value of work completed to that stage.

4. QUOTES:

4.1. Our quotes are vaild for twenty-one (21 days) from the date of the quote being issued.

4.2. The quote does not include any additional work which could occur during the works which could not reasonably be expected. This quotation is offered on the basis of the total package of the product being supplied and any variation to quantity or product may require re-quoting.

Quotation does not include

1. Delays due to weather or delays outside of our control

2.Temporary relocation costs, accommodation loss of rent or business interruption claims for tenants or home owner.

3. Removal or disposal of any hazardous materials unless specifically allowed for in the scope.

4. Removal, storage or relocation of any contents, fixture or fittings required to complete the scope of works, unless specifically mentioned in the scope.

5; Upgrade existing consumers mains, submains

6. Mechanical engineering fees

7. No allowance for fire proofing/certification or isolation during building works

8. Rectifying any faults on existing cabling

9. Upgrading any circuits to safety switches

10. Any work to be completed outside of nominal office hours (7am-5pm) unless specifed in quote

11. No allowance has been made for costs that may be incurred resulting from the presence of asbestos, synthetic mineral fibres or such similar substances in any form or any associated disputes arising out of asbestos related activity. Any such costs will be extra on the contract.

12. Works by other trades are excluded from this quotation, with specific reference to: Chasing and rendering, painting, patching & making good if required

13. Upgrade existing switchboard or cabling

14. Hire of boom lift or the like

15. No allowance to install new meters

16. Building works

17. Permits and charges

5. COSTS OF MATERIALS: The quote is based on current material, equipment, labour, freight and overhead costs, Queensland Air Conditioning Services reserves the right to charge the customer any increased costs which may have arisen after the expiration of this quotation

6. ACCEPTANCE OF TERMS AND CONDITIONS:

You have requested the Services set out in the Quote. You accept these Terms by:

6.1 signing and returning the Quote;

6.2 confirming by email or verbally that you accept the quote;

6.3 accepting the Quote online;

6.4 instructing us to proceed with the Services; or

6.5 making part or full payment for the Services.

By signing the acceptance form on this quotation, issuing a work order or any written approval of this quotation, you acknowledge the terms and conditions on the quotation.

7. GOODS AND SERVICES: By signing the acceptance form on the quote, issuing a work order or any written approval of the quotation you acknowledge that the selection of goods and description of works are as requested by you and are suitable for your purposes.

8. WARRANTIES

8.1.1. you are legally entitled to enter into and be bound by these Terms;

8.1.2. you will cooperate with us and provide all information, instructions, documentation and plans reasonably required to enable us to perform the Services in a timely manner;

8.1.3. all information you provide to us is accurate, complete and not misleading;

8.1.4. your engagement of our Services will not infringe the rights of any third party;

8.1.5. you will promptly notify us of any concerns regarding the Services so that the parties may use reasonable endeavours to resolve those concerns;

8.1.6. you are responsible, at your own cost, for obtaining all necessary consents, licences, approvals and permissions required for the Services, and for providing evidence of those where requested;

8.1.7. where the Services are performed at your premises, you are authorised to occupy the premises and to engage us to perform the Services;

8.1.8. you will ensure that your premises and all facilities provided to us are safe at all times, including securing any animals or hazards that may pose a risk to our personnel;

8.1.9. you will provide us with free, clear and uninterrupted access to the site and take all reasonable steps to prevent delays caused by matters within your control;

8.1.10. you acknowledge that we may charge stand-down fees and recover any additional costs incurred where work is delayed for reasons outside our control and where rescheduling is not reasonably possible; and

8.1.11. you will not solicit, entice, induce, engage or attempt to engage any of our employees or contractors.

9. RETURN OR CANCELATION Returns or cancellations are not available on custom made products or special orders. Should a contract that has been confirmed be cancelled, Queensland Air Conditioning Services will invoice the client for costs incurred on the contract up to and including the cancellation date. These costs may include but are not restricted to labour and material. Where possible material will be returned for a credit but the time involved in returning the material will be invoiced to the company or individual.

10. SITE INDUCTIONS Unless specified in quotations, Queensland Air Conditioning Services reserves the right to make additional charges in regard to site inductions. Where Queensland Air Conditioning Services personnel attend site but are unable to perform any duties due to site requirements preventing them, additional charges will be incurred to cover the cost of returning to site

11. TERMS OF PAYMENT

11.1. Where the Customer has a trading account with Queensland Air Conditioning Services the invoice or progress claim amount for the goods and services must be paid in full within fourteen (14) days from which the goods and services were invoiced or claimed.

11.2. Where the Customer does not have a trading account with Queensland Air Conditioning Services the invoice or progress claim amount for the goods and services must be paid in full within seven (7) days from which the goods and services were invoiced or claimed.

12. RETENTION OF TITLE:

12.1. Ownership of any equipment, parts or materials supplied by Queensland Air Conditioning Services does not pass to the Client until full payment has been received.

12.2. Risk in the goods passes to the Client upon delivery to site or installation, whichever occurs first; however, title and ownership remain with Queensland Air Conditioning Services until all outstanding amounts are paid in full.

12.3. Until payment is received in full, the Client:

(i) must not sell, lease, assign or otherwise dispose of the goods without Queensland Air Conditioning Services’ written consent;

(ii) must keep the goods in good condition and insure them against loss or damage;

(iii) must not remove, deface or obscure any identifying marks, serial numbers or labels on the goods.

13. If the Client sells or otherwise deals with the goods before title passes, the Client agrees that Queensland Air Conditioing Services is entitled to trace and claim the proceeds of the sale (including accounts receivable) to the extent of the unpaid balance.

13.1. If the Client defaults on payment, Queensland Air Conditioing Services may enter the Client’s premises or any site where the goods are located to recover the goods, and the Client grants Queensland Air Conditioing Services and its agents unrestricted access for this purpose.

13.2. The Client agrees that Queensland Air Conditioing Services may register its security interest in the goods and proceeds under the Personal Property Securities Act 2009 (PPSA), and the Client must do all things reasonably required to assist with the registration.

14. INDEMNITY

14.1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

(i) any information provided by you that is not accurate, up to date or complete or is misleading or a misrepresentation;

(ii) your breach of these Terms;

(iii) any misuse of the Services by you, your employees, contractors or agents;

(iv) your breach of any law or third party rights; and

(v) any injury caused by your property (or access to the property) and/or your equipment being unsafe.

14.2. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation

that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

14.3. These indemnity obligations survive completion of the work and payment of all invoices.

15. CONFIDENTIAL INFORMATION:

15.1. Each party agrees to keep confidential any confidential information disclosed by the other party in connection with the provision of goods or services, including but not limited to pricing, technical information, business operations, and customer details. Confidential information must not be disclosed to any third party except where required to perform the services, required by law, to suppliers or with the prior written consent of the other party.

15.2. This obligation survives completion of the works.

16. TERMINATION:

16.1. Either party may terminate these Terms by providing written notice to the other party.

16.2. Either party may terminate these Terms for a material breach, subject to first complying with the dispute resolution procedure set out in these

17. TERMS

17.1. We may terminate these Terms immediately, in our absolute discretion, if:

(i) you commit a breach that is not capable of being remedied;
(ii) you commit a breach capable of being remedied and fail to remedy that breach within a reasonable time after receiving written notice from us;
(iii) we consider that a request for services is inappropriate, improper or unlawful;
(iv) you fail to provide clear, accurate or timely instructions necessary for us to perform the services;
(v) we reasonably believe that the working relationship has broken down, including a loss of trust or confidence;
(vi) circumstances beyond our control arise that materially compromise our ability to perform the services within the required timeframe; or
(vii) you fail to pay any invoice by its due date.

17.2. Upon termination, you acknowledge and agree that all deposits and payments made are non-refundable, and you must pay for all services performed up to the date of termination, including services completed but not yet invoiced.

17.3. Upon termination, you must promptly return to us (where possible), or otherwise permanently delete or destroy, all of our confidential information, intellectual property and any documents containing or relating to them.

17.4. Upon termination, we will promptly return to you (where possible), or otherwise permanently delete or destroy, all of your confidential information, intellectual property and any documents containing or relating to them.

17.5. Following completion or termination of the services, we may retain copies of your documents as required by law or regulatory obligations. Your acceptance of these Terms authorises us to retain or destroy documents in accordance with applicable statutory retention periods.

17.6. Termination of these Terms does not affect any accrued rights, obligations or remedies of either party.

18. DISPUTE RESOLUTION: Your feedback and concerns are important to us. If you have any questions or concerns about our services we ask that you contact us as soon as possible. We seek to resolve any concerns quickly and efficiently.

18.1. If a dispute arises in connection with these terms or the services, either party may give the other written notice of the dispute. The parties must first attempt to resolve the dispute in good faith through informal discussions within 14 days of the notice being given.

18.2. If the dispute is not resolved within 14 days, either party may refer the matter to mediation. The mediation must:

(i) be conducted in Australia;
(ii) be administered by an independent mediator agreed to by both parties, or if no agreement is reached within 7 days, appointed by the President of the Law Society of the relevant State or Territory; and
(iii) be conducted in accordance with the mediator’s rules.

(iv) Each party must bear its own costs of the mediation and share the mediator’s costs equally.

18.3. A party may not commence court proceedings in relation to the dispute unless it has first complied with sub-clauses 18.1 and 18.2, except where urgent interlocutory relief is required.

18.4. During the dispute resolution process, both parties must continue to perform their obligations under these terms to the extent reasonably possible.

18.5. Nothing in this clause prevents us from recovering outstanding monies owed to us, including the right to suspend services or commence debt recovery action for unpaid invoices

19. CONTRACT TERMS AND CONDITIONS: Unless verified or modified in writing signed by both parties by persons having authority to sign the same, these terms and conditions shall form the basis of any contract between Queensland Air Conditioning Services and the Purchaser. The placement of any orders upon Queensland Air Conditioning Services implies acceptance of these terms and conditions and takes precedence over any other terms and conditions.

20. GENERAL

Assignment These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).

Email You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Entire Agreement These Terms and any document expressly referred to in them represent the entire agreement between the Parties and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

Force Majeure Event means any event beyond a party’s reasonable control, including but not limited to acts of God, fire, flood, storm, industrial action, war, pandemic, equipment failure, supply shortages or government restrictions.

Jurisdiction & Applicable Law These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.

GST If and when applicable, GST payable on the Fee for the Services will be set out on our invoices. You agree to pay the GST amount at the same time as you pay the Fee.

Notices Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to the relevant address in the Quote. Any notice may be sent by standard post or email, and notices will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Privacy We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

Publicity You consent to us stating that we provided Services to you, including but not limited to mentioning you on our website and in our promotional material.

Relationship of Parties These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.

Severance If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

Survival
Any clause which by its nature is intended to survive termination will continue to apply, including clauses relating to payment, confidentiality, intellectual property, limitation of liability and dispute resolution.

21. DEFINITIONS: In these Terms and Conditions, unless the context otherwise requires:

ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day other than a Saturday, Sunday or a bank or public holiday in Queensland Australia.

Call out/ service fees means the amount set out in the quote (if any) for being called out or requested to attend site to carry our repairs, installation or any related works to be provided by us.

Confidential Information means all information disclosed by either party to the other in connection with the services that is not publicly available, including but not limited to pricing, credit card or payment details, systems, structure, programs, processes, methods, designs/drawings, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as "confidential".

Deposit means the amount specified (if any) in the quote as payable prior to commencement of the services.

Dispute means any disagreement arising out of or in connection with these Terms or the Services.

Expenses means the amount set out in the qoute (if any).

Fees means the amount set out in the quote (if any).

Hourly Work Rate means the amount set out in the Quote.

Intellectual Property means all present and future rights in copyright, patents, trade marks, designs, confidential information and other intellectual property rights.

Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968(Cth).

Quote means our written quotation for the Services, including any scope of works and pricing.

Services means the air-conditioning installation, servicing, maintenance, repair or related works to be provided by us as described in the Quote.

Stand-Down Charges means any additional fees charged where work is delayed or unable to proceed due to matters outside our control.

Special Conditions means the special conditions detailed in these Terms and/or in the Quote (if any).

Terms means these Terms and Conditions as amended from time to time.

Variation means amended or additional services, including but not limited to changes to the Quote or Fees or varying the Services by:

(a) carrying out additional Services;

(b) omitting any part of the Services; or

You / Your / Client means the customer engaging us to provide the Services.

We / Us / Our means Queensland Air Conditioning Services Pty Ltd or QAS ABN 28 576 463 958.