TERMS AND CONDITIONS
The contract between the Owner and the Customer is comprised of the Service Report/Tax Invoice for the Products, the Quoted Works proposal and these terms and conditions. Together these are referred to herein as the "Contract".
This Contract is made between the Owner and the Customer or appointed agent to act on the Customers behalf named in the Contract, no other person who is not a party to this Contract or otherwise authorised in writing by the Owner prior to the commencement of work shall be party to the Contract.
3. The words and phrases used in these terms and conditions are defined as follows:
Deposit means any fee that the Customer must pay to secure the pricing as quoted or to secure the appointment time.
Customer means the person or authorised party contracting with the Owner for the provision of Products identified in the Contract.
Owner means DJ Air Services ABN 44278025314 and includes its employees and/or agents.
Appointment means the date and time that the Owner or agents of the Owner attend to deliver services or Products as per the Contract.
Third Party Loss means any loss or damage to third party property, including other motor vehicles, and any third party claim for loss of income or consequential loss.
Breakdown Charge means the fees, costs, amounts and charges specified in the Contract or payable under the Contract by the Customer to the Owner, including but not limited to the diagnostic call out fee, diagnostic labour fee, Products or any other amount which the Customer reasonably authorises and owes to the Owner under the Contract.
Quoted Works means the fees, costs, amounts and charges specified with the quotation and payable under the Contract by the Customer to the Owner, including but not limited to the labour charges, Products or any other amount which the Customer reasonably authorises and owes to the Owner under the Contract
Cancellation means if the works are cancelled by the Customer or Owner either prior to or during the agreed works. Cancellation fees vary and may apply.
Product means any air conditioning, refrigeration or ice machine system, component of or part of the system including labour, consumables and other sundry items.
Manufacturers Warranty means the warranty applied via the named manufacturer of the Product and any associated agent of the manufacturer
Owners Warranty means the workmanship warranty provided to the extend of the applicable trade practices laws within the state of QLD.
Service Report/Tax Invoice means the document presented to the Customer by the Owner on the completion of the works carried out under the Contract
GST has the same meaning as in A New Tax System (Goods & Services Tax) Act 1999 (Cth).
4. All Breakdown Charges will be presented to the Customer via a Service Report/Tax Invoice at the completion of works for payment. All Breakdown Charges will be per website published rates
5. The Customer authorises DJ Air Services to charge the Customers supplied debit or credit card for the value documented on the Service Report/Tax Invoice within 24 hours of completion of the works under the Contract.
6. The diagnostic call out fee is payable in conjunction with the diagnostic labour fee and covers the time and travel component to attend to your premises. This also covers any road toll costs incurred by the Owner while in transit to your premises.
7. The diagnostic labour fee stated on our website includes the first thirty (30) minutes of on-site time. Each additional fifteen (15) minute block or part thereof will be billed at $20 plus GST
8. If the Customer approves the Owners Quoted Work proposal, the Owner will discount the Quoted Works price relative to the amount paid for the diagnostic call out fee as reward for customer loyalty.
9. All Products delivered to the Customer by the Owner will remain the property of the Owner until paid for in full by the Customer.
10. The Owner may request at the Owners discretion a deposit be paid prior to the work commencing on site. If a deposit is required it will be clearly documented within the Quoted Works proposal.
11. If the Owner requests payment for a Product in advance the Product may be delivered directly to the Customer prior to the commencement of the Quoted Works.
Cancellation of Appointment
12. Any Appointment may be cancelled by the Customer at any time prior to the Appointment by contacting email@example.com or 0411811702
13. The Customer agrees to pay the Owner the following charges if the Customer elects to cancel the Appointment:
a) if the booking is cancelled greater than 24 hours prior to the Appointment no cancellation fee applies; or
b) if the booking is cancelled within 48 hours of the Appointment commencement, $20 fee will be retained with the balance refunded to the Customer,
c) if the Customer reschedules the Appointment within 4 weeks of the date of cancellation the Owner will apply a $20 credit to the cost of the Diagnostic call out or Quoted Works.
14. If the Customer believes there is a fault with the installed unit they are to contact firstname.lastname@example.org advising the issue. On attendance if it is found the issue is
a) due to the unit being dirty and or un serviced;
b) due to a customer operation error; or
c) not a fault of the unit or installation
The Customer will be issued an invoice for the attendance as per our standard published call out rates
15. All units sold and installed by DJ Air Services are covered by a manufacturers parts and labour warranty of at least 5 years and covered by a lifetime installation labour warranty providing the following qualifications are met
a) the installed system's are to be exclusively serviced by DJ Air Services every 6 months for domestic use; Commercial use frequency is on a case by case basis
b) the installed system is used as designed with no impediment of airflow to the indoor or outdoor unit at any time
If the above conditions are not maintained the lifetime installation labour warranty will become null and void.
The Customer or Owner may cancel the works prior to commencement of the agreed works.
16. If the Owner cancels the works the Customer will receive a full refund of any monies paid to the Owner for the agreed works to the date notice is first given.
17. If the Customer cancels the works the Customer will receive a refund of the monies paid less any cancellation fees applicable to the agreed works as follows:
a) 10% cancellation fee applies to any quoted work using stock products
b) 20% cancellation fee applies to any quoted work using non stock products
c) Up to 100% cancellation fee or option to retain/purchase any custom made product designed specifically for the Customers job.
18. If the Customer cancels the work once the work has commenced, the Owner will provide a claim of costs incurred on a time and materials basis up until the time of notice received. The Owner will also factor in any make safe or make good works required if applicable and provide to the Customer as a statement of claim within 48 hours of the cancellation notice being received.
Loss, Indemnity and Limitation of Liability
19. The Customer shall indemnify and keep indemnified and save harmless the Owner and the Owners servants and agents from and against all liability, expenses, damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the Product (by the Customer and those whom it is responsible) or otherwise.
20. The Owner shall not be liable to the Customer or the Customers servants and/or agents from any damages, suits, actions, claims, and demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act (1974) or relevant State legislation), use, maintenance, transport, operation of the Product or otherwise.
21. To the extent that clauses 14 and 15 are inconsistent with other clauses, terms or conditions of the Contract clauses 14 and 15 shall prevail and override those other provisions to the extent of such inconsistency.
22. The Customer agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs, interest and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the breach of this Contract by the Customer or any Third Party Loss, save in the circumstances of loss and damage caused by the negligence or willful default of the Owner.
23. The Customer has rights conferred by consumer protection legislation, including guarantees that the Product is of merchantable quality, matches any description or sample against which it is purchased and any services are provided to the Customer by the Owner using all due care and skill. Save for these statutory rights, the Owner provides a further 12-month Owners Warranty the system will be free of defects associated with the works delivered by the Owner. No other guarantees or warranties in respect of the Product are implied.
24. The 12 month Owners Warranty will commence from the date recorded on the Service Report/Tax Invoice.
25. To the maximum extent permitted by law and this Contract, the Owner accepts no responsibility or liability to the Customer for any loss, damage, cost, expense, damage (including loss of use or enjoyment but excluding loss or damage caused by the negligence or willful default of the Owner) or any other liability resulting from:
a) any accident, breakdown or other failure of the Product;
b) loss of or damage to the Customers or any other person's property, including personal property as a result of a failure of the Product.
26. Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Customer for any indirect, special or consequential damage arising in any way out of any matter covered by this Contract
27. Without prejudice to the rights of the Owner to recover from a Customer any monies due and damages for breach of the Contract, the Owner may enter into or upon any premises where the Product may be located for the purposes of repossessing the Product. The Customer indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.
28. To the maximum extent permitted by law and this Contract, the Owner and the Customer are not liable to each other for default or failure in performance of its obligations pursuant to this Contract resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, labour or transportation or any other cause beyond the reasonable control of the relevant party to this Contract.
29. The Customer acknowledges that:
a) the Contract between the Owner and Customer comprises the whole agreement between the parties and no collateral oral statements by the Owner, its agents, contractors or employees form part of this Contract; and
b) they have legal capacity to enter into this Contract; and
c) the singular includes the plural, the masculine gender includes the feminine in the interpretation of these Terms and Conditions.
Governing Law and Jurisdiction
30. The Contract and these Terms and Conditions are governed by the laws of Queensland. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Queensland and any proceeding brought in the Federal Court of Australia must be instituted in its Queensland Registry.