Terms & Conditions

Terms & Conditions

1. Contracted warrants that the workmanship hereunder for 30 days from the date of installation. If any replacement part or item of equipment proves defective, contractor will extend to customer benefits of any warranty contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer’s warranty will be at customers expense and at the rates then in effect
2. Customers shall permit contractor free and timely access to areas and equipment and allow contractor to start and stop the equipment as necessary to perform the required services. All planned work under this agreement will be performed during normal business hours.
3. Customer will promptly pay invoices within 5 days of receipt; should a payment become 30 days or more delinquent contractor may cease all works under this agreement without notice and/or cancel this agreement and the entire agreement amount shall become due and payable immediately upon demand
4. If payment delinquency exceeds 90 days from date of invoice, legal action will be undertaken at the cost of indebted customer/client/company
5. Any alteration to, or deviation from, this agreement involving extra work, cost of material or labour, will become an extra charge (fixed price amount to be negotiated) or on time-and-materials basis at contractors rates then in effect) over the sum stated in this agreement
6. In the event Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) must commence legal action in order to recover any amount payable under this agreement, customer shall pay Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) all court costs and legal fees incurred by Airconditioning and Refrigeration Technologies Pty Ltd (VicChill)
7. Any legal action relating to this agreement or the breech thereof, shall be commenced within 12 months from the date of the work
8. Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) will not be held liable for any downtime, delay, loss, damage, or detention caused by unavailability of machinery, equipment, or materials. Delay of carriers, strikes, including those by contractors employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any causes beyond Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) control
9. To the fullest extent permitted by law, customer shall indemnify and hold harmless contractor, its agents and employees from an against all claims, damages, losses, and expenses, including but limited to legal fees, arising out of or resulting from the performances of work hereunder, provided that such claim, damage, loss, or expense is caused in whole or in part by an act or omission of customer, anyone directly or indirectly employed by customer, or anyone for whose acts customer may be liable regardless of whether it is caused in part by the negligence of contractor
10. Under no circumstances, wether arising in contract, tort (including negligence), equity or otherwise will contractor be responsible for loss of use, loss of profit, increased operating or maintenance expenses, claims of customers tenants or client, or any special, indirect or consequential damages
11. The provisions of this agreement are to be read subject to the rights and remedies which are conferred under the trade practices act and any other state and tertiary laws and which cannot be law executed
12. Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) is not responsible for any work and or material that is not covered in a quote or agreement
13. Please note: Customer acknowledges that until full payment of all monies due to Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) title in the goods or any part of the goods supplied remains with Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) and does not pass to the customer, and the customer irrevocably authorises Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) , without being liable for trespass to enter upon the premises where the goods are located and to seize and remove the goods and the same will be without prejudice to any other rights or remedies of the contractor Airconditioning and Refrigeration Technologies Pty Ltd (VicChill)
14. It should be noted that Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) contracts do not include responsibility for air quality within any given building. No liability is accepted or implied for the control of air borne diseases, e.g. Legionella, Pontiac fever, etc.
15. Special conditions – remanufactured compressors Should the client take the option of a compressor supplied by a third party compressor rebuilder, all warranty claims will be passed on in full. In addition to this, Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) will not cover the removal, reinstallation or recommissioning of a third party supplied compressor. These costs, unless otherwise stated shall be passed on in full to the client
16. Special conditions- warranty Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) extends the manufacturers given or supplied warranties on all parts and materials and warrants labour for 90 days unless terms of warranty are specifically revised in the contract. Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) expressly limits its warranty on purchasers equipment to cover only that portion of equipment which had specific service work done by Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) . These warranties do not extend to any equipment or service which has been repaired by others, abused, altered, or misused, or which has not been properly or occasionally maintained.
17. Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) shall not be liable for any special, indirect or consequential damages arising in any manner out of the performance of this agreement
18. During the warranty period, if any works are carried out on equipment installed, unauthorised by Airconditioning and Refrigeration Technologies Pty Ltd (VicChill) , this will then void any warranty held by Airconditioning and Refrigeration Technologies Pty Ltd (VicChill)