Terms & Conditions
Standard Conditions of Supply
These conditions are included in and form part of the quotation and shall apply in every case specifically excluded or modified in writing.
- Further works quotations: The price quoted is fixed for a period of seven (7 days) only and is subject to variation hereafter. Installations, changeovers and other quotations: The price quoted is fixed for thirty (30 days) only and is subject to variation hereafter.
- Unless otherwise provided in writing in this Quotation, the customer shall not be entitled to retain any part of the quoted price by way of retention monies to guarantee satisfactory operation of equipment supplied and installed or the service provided. Any retention agreed to and authorised by WHM AIR CONDITIONING & ELECTRICAL in shall be by way on bank guarantee.
- All component parts and equipment supplied and installed by WHM AIR CONDITIONING & ELECTRICAL remains the property of WHM AIR CONDITIONING & ELECTRICAL until all monies outstanding to WHM AIR CONDITIONING & ELECTRICAL in connection with the quotation have been paid. If payment is not finalised, interest may be charged on a day to day basis. Title to any or appliances, goods or materials shall not pass to the customer until full payment has been made to WHM AIR CONDITIONING & ELECTRICAL, it shall be lawful for WHM AIR CONDITIONING & ELECTRICAL, it’s employees, contractors or agents to enter into and upon customer premises at any reasonable time to disassemble, remove and take away any and all such appliances, goods or materials specified in the above if the customer defaults in payment for a period of seven days.
- WHM AIR CONDITIONING & ELECTRICAL warranty only applies to workmanship and new materials directly associated with the work performed and as in WHM AIRCONDITIONING & ELECTRICAL quotation.
- Ownership of and warranty on equipment and/or systems installed by WHM AIR CONDITIONING & ELECTRICAL will not apply until full payment is received.
- If any work is to be done in stages (e.g. new houses, extensions etc.) further work will not be commenced until any invoiced amounts are paid to WHM AIR CONDITIONING & ELECTRICAL.
- The defect liability period applicable to workmanship shall be three (3) months. The defect liability period applicable to new materials shall be that which is available from the relevant manufacturer and WHM AIR CONDITIONING & ELECTRICAL will pass such warranty on to the end user in full. In other words, standard parts and labour manufacturer’s warranty apply.
- WHM AIR CONDITIONING & ELECTRICAL shall be entitled extensions of the time to cover delays in the work program caused by circumstances beyond WHM AIR CONDITIONING & ELECTRICAL.
- Liability for injury to person or damage to property that may be caused by WHM AIRCONDITIONING & ELECTRICAL arising through WHM AIRCONDITIONING & ELECTRICAL performance of the works described in this quotation shall be limited to the injury or damage directly caused by our negligence WHM AIR CONDITIONING & ELECTRICAL obligations, and in no event shall WHM AIR CONDITIONING & ELECTRICAL be liable to indirect or consequential damage or loss.
- Tax or Import duty (if any) included in the quotation is based on the rulings rates on all terms as at date of quotation. All variation, whether they be due to revision of the relevant Acts or change of interpretations shall be added to or deducted from the quotation as directed by the manufacturer and/or supplier. Variations in rates of exchange on imported equipment shall be added to or deducted from the quotation.
- GST refers to Goods and Services Tax. The terms used herein have the meanings contained within the Goods and Services Tax Act 1999.
- It is hereby agreed between the customer and the supplier that the consideration for the supplier expressed in this agreement is exclusive of GST.
- On Sale:
- The customer will pay to the supplier, in addition to the total purchase price, the amount payable by the supplier as GST on the taxable supply made by the supplier under this agreement.
- The supplier shall deliver to the customer a Tax Invoice for the supply in a form which complies with the GST Act and Regulations.
- Unless otherwise stated in our quotation, all works proposed will be carried out during normal working hours. After hours works will incur overtime rates.
- On acceptance of our quotation, a progress payment may be invoiced to cover major equipment purchases (if applicable).
Standard Conditions of Supply – Electrical or Gas Connections
- All above connections must be carried out in accordance with current regulations laid down by the various authorities. As WHM AIR CONDITIONING & ELECTRICAL uses qualified tradesmen, we conform to these regulations and supply a compliance notice.
- If electrical mains, gas pipes or gas mains have to be increased in size to handle the extra load of equipment being installed in a premises, the cost of this upgrading work is not included in our quotation unless specifically written that it is included.
- In certain instances, a safety switch may have to be fitted to the existing switchboard to conform to updated regulations. Generally, the electrician can only determine this requirement at the tie of installation of equipment. Because of this, the cost will not be included in our quotation unless specifically written that it is included.
Terms & Conditions
- CUSTOMER and WHM AIR CONDITIONING & ELECTRICAL agree that:
- Amendments to the contract can be made provided the Customer and WHM AIR CONDITIONING & ELECTRICAL both agree to the amendments; they then will be listed on the amendment sheet and form part of the contract.
- The inspection of the equipment as nominated with quoted costs for any necessary repairs will be carried out before the acceptance of the contract however WHM AIR CONDITIONING & ELECTRICAL will charge the customer at its ruling rates for the cost of the inspection if an agreement on the contract has not been established.
- If applicable WHM AIR CONDITIONING & ELECTRICAL will furnish a report, together with quotation recommending plant and equipment modifications and/or alterations so as to improve plant operation under the same conditions as mentioned in 12.b.
- This Contract contains the entire Agreement and shall become a valid contract including any amendments they then will be listed on the amendment sheet and form part of the contract. Only an authorised Agent or employee of the client and WHM AIR CONDITIONING & ELECTRICAL shall have the authority to waive any clause of this contract and only with prior consent of both parties. Any clause so waived becomes an amendment under 12.a.
- This Contract shall be governed by the Laws of Victoria.
- WHM AIR CONDITIONING & ELECTRICAL shall not be liable in any event for obsolescence of equipment. Obsolescence being the failure of equipment or component manufacturer, or supplier, to be able to readily supply its parts.
- WHM AIR CONDITIONING & ELECTRICAL shall not be liable in any event for consequential damage (including, but not limited to, loss of revenue or loss of profit resulting from loss of use), nor for delays occasioned by conditions beyond its control.
- WHM AIR CONDITIONING & ELECTRICAL shall not, under any circumstances, be liable for any accident, injury, breakage, loss or damage to the Equipment, or machinery appliances or property connected therewith.
- WHM AIR CONDITIONING & ELECTRICAL shall have the right to discontinue all work under this Contract until such time as payments by the Customer under this Contract have been made in accordance with the terms hereof.
- If any alterations, additions, adjustments, or repairs to the equipment are made either by the Customer or others, WHM AIR CONDITIONING & ELECTRICAL shall have the right to immediately terminate its obligations hereunder.
- In the event WHM AIR CONDITIONING & ELECTRICAL is required to make any repairs or replacements or emergency calls resulting from the improper operation of the air conditioning system or the failure of the customer to carry out any of its obligations hereunder or any other cause beyond WHM AIR CONDITIONING & ELECTRICAL’s control, the Customer shall reimburse WHM AIR CONDITIONING & ELECTRICAL for all costs and expenses (including labour and materials) incurred in making such repairs or replacements or emergency calls in accordance with the current established rates of WHM AIR CONDITIONING & ELECTRICAL for performing such work.
- The price herein provided is based on the fact that all work (except emergency service) will be done during WHM AIR CONDITIONING & ELECTRICAL normal working hours unless otherwise specified. If for any reason the customer requests that work (except emergency service) be done after WHM AIR CONDITIONING & ELECTRICAL normal working hours, the Customer agrees to reimburse WHM AIR CONDITIONING & ELECTRICAL for all additional costs, including premium pay and related employee benefits.
- WHM AIR CONDITIONING & ELECTRICAL’s obligation to furnish Maintenance Service hereunder shall commence on the effective date of this Contract and shall remain ongoing from the effective date, unless terminated by either party hereto at the end of any yearly period by such party giving notice to the other party at least thirty (30) days prior to the end of any such yearly period, or as otherwise herein provided.
- The price of services described in this Contract is fixed for the first twelve (12) months then is subject to variations made during the currency of the Contract by any Government Authority or by Industrial Agreement to the wage, rate or length of working hours of a refrigeration mechanic under the relevant Metal Industry Award. Such adjustment shall be calculated on the basis of the price being increased or decreased by 100R/W percent, where R equals amount in dollars of increase or decrease of the award wage rate, or its equivalent due to altered working hours, and W equals wage immediately before variation in dollars and shall begin in the week immediately following that in which the variation is made.
- CUSTOMER agrees to:
- Designate a representative in its employ to receive instructions in the operation of the equipment as listed in the attached schedules of maintenance, such representative to have authority to carry out recommendations received from WHM AIR CONDITIONING & ELECTRICAL in conjunction with the normal accomplishment of this Contract.
- Operate the equipment in accordance with WHM AIR CONDITIONING & ELECTRICAL instructions and recommendations and to notify WHM AIR CONDITIONING & ELECTRICAL immediately of any changes in the usual operating conditions thereof.
- Keep the area in which the equipment as listed in the schedules of maintenance is located, free of materials extraneous to said system and to move any stock, fixtures, walls or partitions needed to facilitate the work called for hereunder.
- Permit WHM AIR CONDITIONING & ELECTRICAL to make use of Customer’s building services and maintenance facilities if required by WHM AIR CONDITIONING & ELECTRICAL to perform the work hereunder.
- Allow WHM AIR CONDITIONING & ELECTRICAL to enter the Customer’s premises and have access to the equipment at such times when WHM AIR CONDITIONING & ELECTRICAL may require to perform all work on the equipment as listed in the schedules of maintenance, with the exception of customer operation thereof.
Warranty (for Ongoing Maintenance & Further Works Quotations)
Manufacturer’s warranty applies to the equipment supplied; the warranty cannot and will not be entered into with WHM AIR CONDITIONING & ELECTRICAL.
- Further investigation into the cause of equipment failure may be required and will be additional works to original quotation.
- WHM AIR CONDITIONING & ELECTRICAL will provide a quotation for additional works on acceptance from the customer; these works will be then carried out.
- Warranty repairs do not include labour costs and other materials required to affect the repairs.
- If the client does not want to proceed with these additional works, then the original works will be deemed complete and all outstanding works to be paid in full by the client.
- Service rates are as follows:
- Service fee (commercial) – $95.00 +GST / Hourly rate – $95.00 +GST
- Service fee (domestic) – $100.00 +GST / Hourly rate – $120.00 +GST
6. WHM AIR CONDITIONING & ELECTRICAL agrees to the following:
- Instruct the operator and / or the owner of his representative of the proper operation of the equipment.
- Inspect all fan bearings and lubricate where necessary in accordance with manufactures instructions.
- Inspect motor bearings and add grease where necessary in accordance with manufactures instructions.
- Inspect cleanliness of conditioner and condenser coils.
- Inspect and / or clean return air filters.
- Inspect refrigeration system and pipe line brackets for vibration.
- Check refrigeration compressors and oil levels, Suction, Discharge and oil pressures.
- Check refrigeration controls and test safety devices.
- Leak test refrigeration system.
- Check that routine operation of electrical apparatus is satisfactory.
- Check / Inspect and adjust, where necessary the operation of automatic controls every 12 months.
- Oil, Grease, V belts and cleaning products are included in the total price of this contract. Refrigeration compressor oils are not included.
- Inspect and adjust tension on belt drives and replace if necessary.
Where WHM Air Conditioning & Electrical offers a non-tangible irrevocable service, we do not issue refunds once the job has been completed.