Terms & Conditions
1. Drawing, explanations and illustrated literature and any other appended matter submitted for descriptive or explanatory purposes are approximate only and are not to be construed as part of the contract or exact dimensions, detailed specification or otherwise. All conversions, representation and statements not embodied in this Proposal or not confirmed in writing by Max Airconditioning are expressly excluded and shall not be deemed to be part of the Agreement nor to have induced the Customer nor have any legal effect whatsoever.
2. The property in any equipment and materials supplied by Max Airconditioning to the Customer shall pass to the Customer on delivery to the Customer provided that the price therefore has been paid to Max Airconditioning. In the event that equipment or materials have been delivered by Max Airconditioning but not paid for by the Customer, the Customer grants a license to Max Airconditioning at any time to enter upon any premises owned or occupied by the Customer to re-take possession of the equipment or materials and to retain same until payment is made. All such equipment and materials supplied by Max Airconditioning in accordance with this Contract shall however be and remain at the risk of the Customer from the date on which the equipment is delivered to the Customer.
3. All plant and equipment used by Max Airconditioning to carry out the work set out in the Proposal which is situated upon any premises or land owned or occupied by the Customer in order to perform the work set out in this Contract, shall be at the risk of the Customer from the date on which Max Airconditioning places them upon the work site, and the Customer shall be responsible for any loss of or damage caused to that equipment other than that occasioned by the default or negligence of Max Airconditioning.
4. Should the cost of any equipment or materials included in this Proposal change at any time after the Customer’s acceptance hereof and before order by Max Airconditioning, the amount of the change shall be a credit or debit to the Customer, as the case may be.
5. In the event that Max Airconditioning is unable to supply the equipment or materials required to be supplied to perform this Contract, Max Airconditioning may supply equipment and materials of the same standard or of no lesser quality than those originally proposed. Should Max Airconditioning be obliged to alter the design of any equipment and materials because of any unanticipated local authority, statutory or other requirements, the costs of all such variations and alterations shall be extra.
6. As well, Max Airconditioning reserves the right to vary the construction and design, and the materials and equipment, if in its judgement it is desirable so to do, provided that there is no extra cost to the Customer and that the Customer’s interests are not adversely affected thereby.
7. All variations sought by the Customer shall be first agreed upon in writing by the parties, and the costs thereof, shall be an extra and if not so agreed upon at the time, shall be charged for by Max Airconditioning at its usual rates.
8. In the event that the Customer requires additional equipment no be installed in order to minimize the operating noise or operating sound of the equipment installed by Max Airconditioning the cost of purchasing and installing that equipment shall be solely the responsibility of the Customer. Any matter relating to the operating sound or noise of the equipment will be referred by the Customer to the Manufacturer of the equipment via Max Airconditioning. No liability shall arise in Max Airconditioning relating to the noise level of the equipment provided that the equipment has been installed in a proper and workmanlike manner.
9. The Customer shall identify the job site to Max Airconditioning and shall accept full responsibility for the correctness therefor and the Customer shall give Max Airconditioning and it workman full right of way and access to the said job site during normal working hours and if by the request or default of the Customer it shall be necessary for Max Airconditioning workforce to attend at the job out of working hours then any extras, overtime or special pay required to be paid by Max Airconditioning under any trade award or wages agreement shall upon invoice by Max Airconditioning to the Customer be an extra.
10. Provided Max Airconditioning carries out it’s work properly hereunder, Max Airconditioing shall not be liable to the Customer for any loss, damage, injury or consequential damage to property or person of any kind suffered by any one arising out of Max Airconditioning performance of this Contract, and in no case shall Max Airconditioning be liable to do more than reasonable restoration or reflection, nor for any damage greater than the actual cost of rectification for any damage done.
11. Any delivery period stated is to date from receipt of Customer’s acceptance and all necessary particulars to enable Max Airconditioning to proceed. Max Airconditioning will do its utmost to effect delivery in time stated but accepts no responsibility for delay in manufacture, or in delivery, caused by the Act of God, war-like operations, Government prohibitions, fire, breakage of machinery, strikes or any exceptional causes beyond its reasonable control, and no such delays shall entitle the Customer to cancel the Contract or to claim for consequential damage. Any price variation incurred by Max Airconditioning resulting from such delays shall be additional to the original prices as per this Proposal.
12. All invoices issued by Max Airconditioning shall be paid in full on issue of invoice, with no retention of any sort unless stipulated otherwise in this Proposal, and if not so paid shall attract interest at the rate of 20% p.a. on a daily rate. It shall be no justification to refuse any payment because of the existence of any claim under Clause 10 hereof or otherwise.
13. This Proposal is based on Max Airconditioning being able to proceed with the work expeditiously and continuously and if delayed or stopped by the Customer or any one apparent charge of the job site, any extra cost to Max Airconditioning by reason of such interruption shall be an extra.
14. If the Customer shall be the owner of the property upon which the job is being carried out, the Customer hereby charges the said property with payment of the Contract price and in particular with all and any sums that may form time to time be outstanding hereunder.
15. If the Customer is a Company or disputes liability or for any other reason refuses, or fails to pay, therefore the person actually signing accepts personal liability for this Contract and liabilities herein.
16. Special exclusions from this proposal; special roof platforms, penetrations through roof and making good, penetrations through reinforced concrete or block walls, chasing of walls or floors and making good are exclusions. Boxing/cladding of pipework, ductwork, drains etc. unless otherwise stated are items excluded from this Proposal.
17. It is the Client’s responsibility to carry insurance against water damage either from the air conditioner or roof.
18. Cranage, hoisting and scaffolding are not included in this Proposal.
19. WARRANTY DOES NOT COVER THE ITEMS LISTED BELOW, AND ARE CHARGEABLE.
- FILTER CLEANING OR REPAIRSING MALFUNCTION DUE TO DIRTY FILTER.
- CLIENT MISUSE OR ABUSE.
- REPLACEMENT OF FUSES.
- REFRIGERANT GASES.
- REPAIR OR REPLACEMENT OF ANY OF THE ELECTRICAL APPARTUS INCLUDING COMPRESSOR IF SUSPECTED CAUSE OF FAILURE IS INCORRECT ELECTICAL SUPPLY, OR POWER SURGES ETC.
- REGULAR OR REQUIRED ROUTINE MAINTENANCE.
20. Cutting of walls, wallpaper, bricks, ceilings, glass etc., necessitating making good shall be completed to the satisfaction of Max Airconditioning.
21. Alterations or additions if required by fire authorities or Council such as: – fire dampers, sprinklers, sensor contol/s, wiring and fire rating of components etc. are not included in this Proposal.
22. Cutting of trusses, studs etc. shall be carried out at the request of the Customer. The Customer accepts responsibility of any other warranties etc. however Max Airconditioning is to take all precautions prior to carrying out such work.
23. If the Customer requires larger or more equipment or due to extra piping or ducting requested by the Customer and an increases or more capacity is required then the removal of existing equipment and trade in cost or increased cost for larger equipment shall be paid in total as per our normal payment terms on the front hereof. If such equipment is not available at the time, then the equipment installed must be paid for on demand even though changes may have affected performance at the time.
N.B. We recommend Clients carry insurance against fusion.
24. We strongly recommend that a Maintenance Agreement is entered into extend the life of the equipment, avoid failure and reduce running costs.
Please contact us to arrange a No Obligation Maintenance Agreement if you have not received one on completion of the job. Thank you.
If any of the above requires clarifying please call us we are happy to be of service.
Max Air Conditioning
Max Airconditioning Pty Ltd A.B.N. 73402440272