STANDARD TERMS AND CONDITIONS

 

1. These conditions govern every contract for sale of goods and/or the provision of services by Jay’s Air Conditioning & Ventilation Pty Ltd to the customer, constitute the terms and conditions agreed between them to the exclusion of all other terms and conditions
2. No modification of these conditions, whether put forward in the Customer’s purchase order or otherwise shall bind Jay’s Air Conditioning & Ventilation Pty Ltd, unless agreed to in writing by its authorised employee.
3. These conditions supersede any terms and conditions, which have previously governed contracts for the sale of goods and services by Jay’s Air Conditioning & Ventilation Pty Ltd to the customer.
4. Upon Acceptance of this agreement the customer accepts the terms and conditions hereon.
5. The customer agrees to pay the price stated hereon for the work to be done and materials and equipment supplied. Balance of contract price to be paid on commissioning.
6. Without prejudice to any other remedy, Jay’s Air Conditioning & Ventilation Pty Ltd reserves the right to charge a default charge on any overdue payments at an annual rate equal to Westpac Bank’s current overdraft rate at the time the payment fell due. Should your account or any part thereof remain unpaid for more than 30 days after Jay’s Air Conditioning & Ventilation Pty Ltd has completed the installation & or the service in terms of your agreed quotation you will be  liable for this amount plus legal recovery costs together with commission costs charged to us on those monies recovered by our recovery agent plus any other costs incurred through our legal action against you or your company or association.
7. Any quotation given Jay’s Air Conditioning & Ventilation Pty Ltd is a mere invitation to treat and does not constitute a contractual offer. All quotations hold for thirty (30) days after issue but Jay’s Air Conditioning & Ventilation Pty Ltd may withdraw a quotation at any time. Prices include in the quotation are based on the specification, drawings and/or requests by the customer. Should the specification or customer’s request change, then Jay’s Air Conditioning & Ventilation Pty Ltd reserves the right to vary the quotation price.
8. Warranty on new air conditioning units and new parts are subject to manufacture’s warranty. Where the manufacturer rejects any claims under warranty submitted by Jay’s Air Conditioning & Ventilation Pty Ltd on behalf of the customer, the customer agrees to pay Jay’s Air Conditioning & Ventilation Pty Ltd for any said work carried out. Any liabilities or claims are limited with the manufacturer and not transferable to Jay’s Air Conditioning & Ventilation Pty Ltd under any situation or circumstance.
9. Domestic warranty period is limited to twelve months (12) for parts, labour and equipment.  Extended domestic warranty is subject to customer undertaking annual maintenance servicing with Jay’s Air Conditioning & Ventilation Pty Ltd to extend warranty periods as to below; Jay’s Air Conditioning & Ventilation workmanship/labour - five (5) years Flexible Duct - Ten (10) years Air Conditioning Unit - see manufacturer documentation; Zonemotors & Electrical accessories - one (1) year ;Grills - Five (5) years
10. Commercial warranty is limited to 12 months for parts, labour and equipment or manufactuers warranty which ever is greater.
11.  Proof of purchase for warranty service work shall rest with the Customer. Warranty is not transferable and is available only to original purchaser.
12. The owner is responsible for the correct operations & regular maintenance of the equipment. To maintain optimum performance & to protect your warranty, regular maintenance service of the equipment is required
13. Warranty service will only be provided where there is safe & adequate access, and does not include the hiring of access ladders, cranes, freight, travelling expenses etc. Access panelling for servicing and plant / condensor platforms are clients responsibilities
14. Warranty calls shall only be available between normal working hours. Warranty is not a service, and does not include routine maintenance service  including filter cleaning, rectification of faults arising from power failure, misuse of equipment, operator error, renew fuses, airflow adjustment and relevelling of equipment etc. These items are chargeable to customer.
15. Optional accessories such as but not limiting to, dampers, zone controls, deflection blades, remote controls, brackets, condensing unit trays, condensing unit drain kits, programme timers, powder coating, linear vents, electrostatic filters are additional cost items. Replacement, additional or new refrigeration gases are not covered under warranty; these are serviceable items therefore chargeable.
16. An airflow adjustment (one off) will only be carried out within a period of 3 months from date of commissioning upon customer request. Outside this period or repeated visits, a service fee is applicable for any balancing or adjustments.
17. This system is based on roof and walls being insulated with R3.5 & R2.5 respectively, external doors and windows closed and curtains or blinds on external windows.
18. Final equipment positioning is the responsibility of the customer. Any equipment required to be relocated due to any requirements, such as complaints by others, local authority request, customer request but not excluding other reasons, shall be incurred by the customer and not by Jay’s Air Conditioning & Ventilation Pty Ltd.
19. If during the installation of underground electrical mains, it’s found necessary to excavate ground or driveway, this would be the responsibility of the customer.
20. Area designated for condensor motor placement shall be levelled and cleared by the owner prior to installation date.
21. Installations for dwellings under construction are quoted on two site visits. Stage 1 generally consists of fancoil and ducting fitout while Stage 2 consists of internal cutout, grill fitment and condensor connect/commission.
22. Upon customers request, internal cutout and/or internal fitout can be organized separately, resource pending. Progress payments shall be altered & forwarded accordingly to allow 15% of contract price for internal cutout plus an additional call out site charge. .
23. All equipment supplied and installed by Jay’s Air Conditioning & Ventilation Pty Ltd remains the property of seller until all monies outstanding to the seller in connection with the contract have been paid. Jay’s Air Conditioning & Ventilation Pty Ltd reserves the right to remove the equipment without regard to making good. Responsibility for risk to any goods or materials shall pass to the customer upon delivery of equipment to customer’s nominated site.
24. Unless otherwise provided in writing in this tender, the purchaser shall not be entitled to retain any part of the purchase price by way of retention monies.
25. Extra costs incurred due to deliverance of work by purchaser’s instructions or lack of instructions, interruptions, delays, unusual hours, additional site visits, mistakes or work for which Jay’s Air Conditioning & Ventilation Pty Ltd are not responsible for, shall be purchasers account.
26. The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site, example faults or deterioration of building structure etc.
27. This quotation shall exclude the following items and it shall be the responsibility of the Customer to provide the same unless otherwise agreed to in writing:

a)  The performing of any building work including (but not limited to) cutting holes, patching, painting, flashing, boxing or furring in plinths or platforms, structural or building alterations.

b)  Metered electrical mains brought to a point adjacent to the equipment as required.

c)  Alterations to the switchboard or existing mains supply

d)  Condensate drains brought to a point adjacent to the equipment as required

e)  Supply and fitting of door relief grilles

f)  Local authority approval, inspection, reports or any certificates